Smith v. Doe — Ginsburg, J., Dissenting

Summary

Justice Ginsburg dissents, arguing that Alaska’s Sex Offender Registration Act, when applied retroactively, is punitive in effect and therefore violates the Ex Post Facto Clause; she would affirm the Court of Appeals’ judgment striking down the statute. She bases her view on the Kennedy‑Mendoza‑Martinez factors, emphasizing the Act’s affirmative disabilities, historical punishment analogues, and excessive scope relative to its civil purpose.