Does the Ellingburg decision open the door to revisiting Ex Post Facto as it relates to sex offender laws?
The Supreme Court’s decision in Holsey Ellingburg v. United States (No. 24-482) should reopen a long-overdue conversation about the constitutional foundations of modern sex offender laws. In Ellingburg, the Court made clear that labels do not control constitutional analysis: when a legal consequence operates like punishment, is imposed as part of a criminal judgment, enforced through the criminal justice system,
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