A Federal district judge has issued an order denying the State of Idaho’s motion to dismiss its challenge to SORA. Plaintiffs represented by civil rights attorney Matthew Strugar “have plausibly alleged that SORA is so punitive in effect that it negates the Idaho legislature’s intent to enact a civil regulatory scheme. As such, plaintiffs’ ex post facto and double jeopardy claims survive the instant motion to dismiss.”

Citing Supreme Court precedent, however, the court warns that “to find SORA unconstitutional, ‘only the clearest proof’ will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty.”