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Supreme Court to explore ex post facto limits on restitution award

<em>Ellington v. US</em> could even address broad topics of what counts as punishment for constitutional purposes
October 13, 2025

The US Supreme Court is scheduled to hear oral argument on Tuesday in Ellingburg v United States. This SCOTUSblog post previews the case, and starts this way:

In Ellingburg v United States, to be argued on Oct. 14, the justices will consider whether the ex post facto clause of the Constitution applies to the Mandatory Victims Restitution Act, which entitles victims to restitution for certain offenses. If it does, Holsey Ellingburg is not obligated to pay any more restitution than the law required at the time he committed his crime (robbing a bank). If it does not, more onerous revisions to the federal restitution statute apply, increasing his obligations to his victims.

For anyone interested in this case, I highly recommend these two recent essay at the Sentencing Matters Substack: