SCOTUS – ASORNA is punitive

In sum, four of the seven Kennedy factors support the
conclusion that the ASORA is punitive. Taken together,
these factors unmistakably provide the “clearest proof”
necessary to require a determination that the law is
punitive. And the remaining Kennedy factors, even assuming
they fall in favor of the State, are plainly insufficient
to alter that conclusion.

AK Godfrey

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