U.S. Supreme Court upholds retroactive part of sex offender law

WASHINGTON (Reuters) - The U.S. Supreme Court on Thursday upheld the federal government's authority under a 2006 law to require thousands of sex offenders to register with authorities in the states where they live, as the justices ruled against a child rapist convicted in Maryland.

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Brett Kavanaugh sworn in as Supreme Court justice as protesters rally
Judge Brett Kavanaugh is sworn in as an Associate Justice of the U.S. Supreme Court by Chief Justice John Roberts as Kavanaugh's wife Ashley holds the family bible and his daughters Liza and Margaret look on in a handout photo provided by the U.S. Supreme Court taken at the Supreme Court building in Washington, U.S., October 6, 2018. Fred Schilling/Collection of the Supreme Court of the United States/Handout via Reuters ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY. TPX IMAGES OF THE DAY
WASHINGTON, DC - OCTOBER 6: In this handout photo provided by the Supreme Court of the United States, Justice Anthony M. Kennedy, (Retired) administers the Judicial Oath to Judge Brett M. Kavanaugh as his wife Ashley Kavanaugh holds the Bible while joined by their daughters Margaret and Liza, in the Justices Conference Room at the Supreme Court Building on October 6, 2018 in Washington, DC. (Photo by Fred Schilling/Supreme Court of the United States via Getty Images)
A protester sits on the lap of "Lady Justice" on the steps of the U.S. Supreme Court building as demonstrators storm the steps and doors of the Supreme Court while Judge Brett Kavanaugh is being sworn in as an Associate Justice of the court inside on Capitol Hill in Washington, U.S., October 6, 2018. REUTERS/Jonathan Ernst
Demonstrators protest in the street behind the U.S. Supreme Court building as they wait for Justice Brett Kavanaugh to depart after he was sworn in as an Associate Justice in ceremonies at the court on Capitol Hill in Washington, U.S., October 6, 2018. REUTERS/Carlos Barria
Demostrators chant ion front of the locked doors at the top of the steps of the U.S. Supreme Court building while Judge Brett Kavanaugh is being sworn in as an Associate Justice of the court inside on Capitol Hill in Washington, U.S., October 6, 2018. REUTERS/Jonathan Ernst
Protesters overrun the steps of the U.S. Supreme Court as Brett Kavanaugh is sworn in as an Associate Justice in Washington, U.S., October 6, 2018. REUTERS/James Lawler Duggan
A man prays amidst protesters demonstrating on the steps of the U.S. Supreme Court building as Supreme Court Justice Brett Kavanaugh is sworn in inside in Washington, U.S. October 6, 2018. REUTERS/Jonathan Ernst
Protester in support of and against the appointment of Judge Brett Kavanaugh demonstrate on the steps of the U.S. Supreme Court building as Judge Kavanaugh is sworn in as an Associate Justice of the court inside on Capitol Hill in Washington, U.S., October 6, 2018. REUTERS/Jonathan Ernst
Annabella Helman of Indianapolis, Indiana, and Olivia McAuliffe of McLean, Virginia join hands as protesters overrun the steps of the U.S. Supreme Court as Brett Kavanaugh is sworn in as an Associate Justice in Washington, U.S., October 6, 2018. REUTERS/James Lawler Duggan
A protester stands on the steps of the U.S. Supreme Court building in front of police after they cleared the steps of demonstrators while Judge Brett Kavanaugh was being sworn in as an Associate Justice of the court inside on Capitol Hill in Washington, U.S., October 6, 2018. REUTERS/Jonathan Ernst
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In its 5-3 decision, the court rejected convicted sex offender Herman Gundy's argument that in passing the law, Congress handed too much power to the U.S. attorney general in violation of a principal of constitutional law called the nondelegation doctrine. This doctrine forbids Congress from assigning its legislative powers to the federal government's executive branch.

Gundy was convicted in 2005 in Maryland of raping an 11-year-old girl. After serving seven years in prison, Gundy was arrested in New York in 2012 for failing to register as a sex offender there. He challenged the indictment over the nondelegation question, but his claim was rejected by a district court judge and then in 2017 by the New York-based 2nd U.S. Circuit Court of Appeals.

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