TBA Law Blog

TBA Law Blog

Supreme Court Calls Restitution Law 'Criminal Punishment'

Posted by: Azya Thornton on Jan 23, 2026
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled unanimously that a federal victim restitution law constitutes criminal punishment, reviving a challenge from a convicted bank robber to a statute enacted after his crime. In a 9-0 decision, the court sided with Holsey Ellingburg Jr., who is contesting the government’s efforts to collect restitution related to a 1995 bank robbery under the 1996 Mandatory Victims Restitution Act, Bloomberg Law reports. Writing for the court, Justice Brett Kavanaugh said the law “is plainly criminal punishment for the purposes of the Ex Post Facto Clause,” which prohibits the government from imposing criminal penalties based on laws that were not in effect at the time of the offense. The ruling reversed a lower court decision that had rejected Ellingburg’s challenge on the grounds that the restitution statute was not criminal punishment. Justice Clarence Thomas filed a concurring opinion joined by Justice Neil Gorsuch.

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