Ellingburg v. United States
The Supreme Court made this decision on January 20, 2026
RECENT ACTIONJUDICIAL DECISION
1/20/20261 min read
Ellingburg was ordered to pay $7,567.25 in restitution under the Mandatory Victims Restitution Act of 1996. He has challenged this order with the Ex Post Facto Clause since he committed the crime before the act became law, though he was convicted after. This brings the question of whether or not the restitution is a criminal punishment.
The majority opinion of the Supreme Court was that for the purpose of the Mandatory Victims Restitution Act of 1996, restitution is a criminal punishment as it is labeled as a "penalty" for committing a criminal offense.
Link to full text: https://www.supremecourt.gov/opinions/25pdf/24-482_d1oe.pdf
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