Michigan’s top court ordered Larry Nassar off the public sex offender list, citing the Constitution’s ban on retroactive punishment.
Story Snapshot
- Michigan Supreme Court said 2021 registry rules cannot apply to crimes before July 1, 2011.
- Michigan State Police began removing more than 20,000 names, including Nassar.
- Prosecutors and victims objected, warning of lost public safety and awareness.
- The ruling rests on ex post facto protections in state and federal law.
Court Ruling Drives Mass Delisting
Michigan Supreme Court judges ruled on September 9, 2026, that the 2021 Sex Offender Registration Act cannot be used on people whose crimes happened before July 1, 2011. The court said using new rules on old conduct is an unconstitutional retroactive punishment. The decision forced the removal of names from the public registry for those older cases. That list included Larry Nassar, the former sports doctor convicted of abusing young gymnasts, whose crimes predated the cutoff.
Michigan State Police began to carry out the order soon after. The department said it would remove more than 20,000 people from the public registry who fell under the court’s rule. Officials framed the change as legal compliance, not a policy choice. They stressed that the order binds the state on how it treats cases tied to pre-2011 conduct. The police announcement confirmed that Nassar’s registry entry was among those affected by the ruling.
Why Ex Post Facto Law Matters Here
The Constitution bans retroactive punishment. Courts call that the ex post facto rule. Michigan courts already found in 2021 that older versions of the registry law were punitive if applied backward. The September order extends that logic to the 2021 changes for crimes before July 2011. Judges did not say the registry is gone. They said new burdens cannot be stacked onto old crimes. That means lawmakers must write rules that honor those limits or face more court losses.
This is part of a national tug-of-war over crime policy. Lawmakers often toughen registry rules after new cases shock the public. Defense lawyers then argue those new rules cannot reach back in time. Courts review whether the result feels like punishment or a civil tool. In Michigan, the bench materials and this latest order say the newer rules cross the line when used on pre-2011 acts. The outcome may push legislators to craft clear forward-only fixes that still protect families.
Victims and Prosecutors Warn of Safety Gaps
The Eaton County Prosecuting Attorney’s Office, which handled parts of the Nassar cases, blasted the change. The office said the public expected the registry to give a layer of protection and awareness. They warned that removing Nassar and others strips away a key alert system for parents and communities. A local television station quoted the office calling the outcome “deeply concerning,” and pointing to community safety and victim peace of mind as core worries.
Conservatives will see two truths at once. First, the Constitution’s guardrails are not optional. Courts must strike down retroactive punishment, no matter who the offender is. Second, public safety needs tools that work. Lawmakers in Lansing can act. They can design forward-looking rules that keep the public informed about dangerous offenders who offend after 2011. They can also boost prison terms, parole limits, and strict supervision that do not trigger ex post facto problems. Families deserve both liberty and safety.
