Good law. The result stands, but no single rationale won a majority and five justices signalled interest in revisiting the underlying doctrine. Binds every court in the country on the federal question it decides.
What happened
Herman Gundy, convicted before SORNA, was prosecuted for failing to register. He argued that 34 U.S.C. § 20913(d), which lets the Attorney General “specify the applicability” of SORNA to pre-Act offenders, handed legislative power to the executive branch unconstitutionally.
What the court decided
The conviction was affirmed, 5–3. A four-justice plurality read the statute, drawing on Reynolds, as requiring the Attorney General to apply SORNA to all pre-Act offenders as soon as feasible, which passes the “intelligible principle” test. Justice Alito concurred only in the result, writing that he would support reconsidering the doctrine if a majority were willing. Three justices dissented; Justice Kavanaugh did not take part.
Why it matters to the Registry
Gundy confirmed that SORNA covers people convicted before 2006. It is also why the case is cited far beyond registry law: it signalled that five justices were open to tightening limits on Congress handing power to agencies.
What it did not decide
There is no majority opinion supporting the plurality’s reasoning, and the dissent observed that the case “resolves nothing” about the doctrine’s future. It did not address Ex Post Facto or other challenges to SORNA.
Related
Related cases
Sources
Last verified against the sources above on September 30, 2026.