Administrative Procedure Act Circuit Split – Notice and Comment Good Cause Bypass in SORNA Retroactivity Regulations

Administrative Procedure Act Circuit Split – Notice and Comment Good Cause Bypass in SORNA Retroactivity Regulations

The United States Court of Appeals for the Third Circuit, on remand from the United States Supreme Court (SCOTUS) in United States v. Reynolds, summarized and joined the complex circuit split on three Administrative Procedure Act (APA) questions applied to the retroactivity of the Sex Offender and Registration Notification Act’s (SORNA) registration requirements.