Supreme Court rules 9-0 that criminal restitution is punishment under Ex Post Facto Clause

In Ellingburg v. United States (Jan. 20, 2026), the Supreme Court unanimously held that mandatory restitution under the MVRA is criminal punishment subject to the Ex Post Facto Clause. Justice Kavanaugh authored the opinion, ruling that courts cannot apply harsher restitution rules retroactively to crimes committed before the MVRA's enactment.