Smith v. Doe — Souter, J., Concurring

Summary

Justice Souter concurred only in the judgment, agreeing that Alaska's Sex Offender Registration Act does not amount to an ex post facto law, but for different reasons than the majority. He found the evidence of legislative intent and substantive factors pointed in conflicting directions, with civil and punitive indicators in rough equipoise. He concurred solely on the basis of the presumption of constitutionality in close cases. Justices Stevens and Ginsburg dissented, each concluding the Act was punitive and violated the Ex Post Facto Clause.