Supreme Court Considers Whether Victim Restitution Law Violates Bar on Retroactive Punishment

The Supreme Court wrestled with whether restitution was being used as a civil remedy or a criminal punishment that violated the Ex Post Facto clause.

The U.S. Supreme Court in Washington on Oct. 5, 2025. Madalina Kilroy/The Epoch Times

The Supreme Court held oral argument on Oct. 14 in a case that prompted the justices to wrestle with whether crime victims’ restitution should be considered a form of punishment under the Constitution.

The ex post facto clause of the Constitution prohibits Congress from retroactively punishing someone for conduct that was legal at the time it was performed.