Reynolds v. United States — Scalia, J., dissenting

Summary

Justice Scalia, dissenting, argues that the Sex Offender Registration and Notification Act applies to pre-Act offenders without Attorney General action. He interprets the provision granting the Attorney General authority to 'specify the applicability' as allowing exceptions rather than discretion to waive coverage entirely. He also raises nondelegation concerns about entrusting the Attorney General with unconstrained discretion over criminal statute applicability.