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Justia Daily Opinion Summaries

US Court of Appeals for the Tenth Circuit
August 21, 2020

Table of Contents

Millard v. Rankin

Constitutional Law, Criminal Law

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Democracy Is on the Ballot: One Party Defends It, The Other Would Let It Die

AUSTIN SARAT

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Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—explains why the 2020 Democratic National Convention was unlike any other political gathering in American history for reasons beyond its virtual platform. Sarat argues that the future of American democracy lies in the balance, and when we vote in November, it will be up to us whether democracy lives or dies.

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US Court of Appeals for the Tenth Circuit Opinions

Millard v. Rankin

Docket: 17-1333

Opinion Date: August 20, 2020

Judge: Eid

Areas of Law: Constitutional Law, Criminal Law

Plaintiff-Appellees David Millard, Eugene Knight, and Arturo Vega challenged the constitutionality of Colorado’s Sex Offender Registration Act (CSORA). The district court held CSORA was unconstitutional as applied to the Appellees because the statute inflicted cruel and unusual punishment and violated substantive due process guarantees. Additionally, the district court held that the state courts’ application of CSORA’s deregistration procedures to Vega violated his procedural due process rights. Defendant-Appellant, the State of Colorado, appealed the entirety of the district court’s decision. The Tenth Circuit determined the district court’s ruling contravened binding Supreme Court and Tenth Circuit precedent, and reversed.

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