Nebraska Cases Challenging Changes Mandated by the Adam Walsh Act

12-24-2009 National:

There is no doubt that the Adam Walsh Act is going to cost millions (if not more) just in challenges to states which are/have made changes to comply with AWA which is being mandated by Congress. These costs are not figured into the cost of implementation by any state, but taxpayers will pay the price.

One thing to never forget, AWA is not the will of a FULL Congress, it is the will of a few lawmakers (vindictive in this writer's belief) who used Congressional Rules in ways that were never intended to be used, to get the law passed. Under what is known as "Suspension of the Rules" each House -with a handful of lawmakers present- passed AWA into law. The Adam Walsh Act was created behind closed doors, by a handful of lawmakers, rushed into the full House & Senate when over 90% of lawmakers were absent, and passed by a "Voice Vote" of only those members present; a handful! Why were so many absent? Simply said, they did not want their names on the law which was so controversial at the time, and they all know about the trickery of using rules in ways they were not intended to be used. i.e., suspension of the rules which permits lawmakers to be absent and a vote still taken, although that is not written into that rule (misuse by misinterpretation).

Today we see various challenges to the Adam Walsh Act taking place, notably Nebraska is one venue where two federal court cases have been filed. The state law which made the changes that are to be effective 1-1-2010 is LB285 and folks can research at that link. LB285 is a terrible law enacted without regard for reason or evidence, enacted so the state could get the funding which AWA denies them if they fail to make the changes; coercion legalized!

Major filings:

Case 1 (8:2009cv00456) filed December 16, 2009:

Complaint

Brief in Support of Temporary Injunction

Case 2 (4:2009cv03258) filed December 18, 2009:

Complaint

Now there is an excellent site, obviously by those involved in Case-1, known as Families Affirming Community Safety (FACTS) which is documenting Case-1, not sure if they will also document Case-2.

SexOffenderIssues is following the audio of the case.

As always I will be posting news about the lawsuits as it becomes available.

For now,
eAdvocate

PS: The links to the case numbers can be used to follow case if you have a Pacer Account.