Justices debate whether restitution imposed on convicts is criminal, civil, or perhaps a little of both

Justices debate whether restitution imposed on convicts is criminal, civil, or perhaps a little of both

Tuesday’s argument in Ellingburg v. United States turned on whether the ex post facto clause of the Constitution applies to the Mandatory Victims Restitution Act. That clause bars imposing criminal punishments based on statutes not in force when the crime occurred. Because the MVRA was adopted after Holsey Ellingburg’s offense, it would violate the ex post facto clause to apply it to determine Ellingburg’s punishment if the restitution it requir…