Oral Argument Re-Listen: Ellingburg v. United States | Case No. 24-482 | Oral Argument Date: 10/14/25

Oral Argument Re-Listen: Ellingburg v. United States | Case No. 24-482 | Oral Argument Date: 10/14/25

Overview: Ellingburg committed a crime in 1996 before Congress enacted a new law requiring convicted defendants to pay restitution to victims. Courts later sentenced Ellingburg under this new law and ordered him to pay $7,567.25 - money he never paid. Ellingburg challenged this restitution order as unconstitutional retroactive punishment, arguing the government cannot apply new penalties to old crimes. The case forces the Supreme Court to determine whether victim restitution constitutes criminal punishment protected by the Constitution's ban on ex post facto laws.

Link to Docket: Here

Case Preview: Here

Question Presented: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.

Oral Advocates:

1. For Petitioner: Amy M. Saharia, Washington, D.C. argued for petitioner.
2. For Respondent in Support of Vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice argued for respondent in support of vacatur.
3. For Court-Appointed Amicus Curiae in Support of Judgment Below: John F. Bash, Austin, Texas.

Holding: The Supreme Court held that restitution under the MVRA constitutes criminal punishment subject to Ex Post Facto Clause analysis.

Result: Reversed and remanded.

Voting Breakdown: 9-0. Justice Kavanaugh wrote the opinion for a unanimous Court. Justice Thomas filed a concurring opinion joined by Justice Gorsuch.

Majority's Rationale: Congress explicitly labeled MVRA restitution as a "penalty" for criminal offenses imposed during sentencing alongside imprisonment and fines. The statute appears in the criminal code and requires courts to follow criminal procedure rules when ordering restitution. Defendants who refuse to pay face potential imprisonment for punishment and deterrence purposes, confirming the criminal nature.

Concurring Rationale: Justice Thomas argued the Court should abandon its current twelve-factor test for determining criminal punishment. The original 1798 understanding of ex post facto laws protected against any retroactive government penalties for public wrongs. Modern courts should focus on whether laws impose coercive sanctions for offenses against government authority, regardless of civil labels.

Link to Opinion: Here.

Timestamps:

[00:00:00] Argument Preview

[00:00:58] Argument Begins

[00:01:06] Petitioner Opening Statement

[00:03:14] Petitioner Free for All Questions

[00:14:04] Petitioner Sequential Questions

[00:18:36] Respondent in Support of Vacatur Opening Statement

[00:19:45] Respondent in Support of Vacatur Free for All Questions

[00:33:22] Respondent in Support of Vacatur Sequential Questions

[00:34:41] For Court-Appointed Amicus Curiae in Support of Judgment Below Opening Statement

[00:37:03] For Court-Appointed Amicus Curiae in Support of Judgment Below Free for All Questions

[01:01:03] For Court-Appointed Amicus Curiae in Support of Judgment Below Sequential Questions

[01:02:09] Petitioner Rebuttal