Holsey Ellingburg, Jr. v. United States

The Court unanimously reversed the Eighth Circuit in a case about whether restitution ordered under a federal victims-payment law counts as punishment under the Constitution's ban on retroactive criminal penalties. Justice Kavanaugh wrote the 9-0 opinion, and the case was sent back to the lower court.

Justice Kavanaugh wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Gorsuch, Alito, Sotomayor, Kagan, Barrett, and Jackson; Justice Thomas concurred.

The Court voted 9-0 to reverse the Eighth Circuit, with Justice Kavanaugh writing the opinion.

Majority

Kavanaugh

Roberts

Thomas

Gorsuch

Alito

Sotomayor

Kagan

Barrett

Jackson

The decision affects people with continuing federal restitution obligations and victims owed payments. For example, a defendant challenging a later law affecting restitution must now have that challenge reconsidered under the Supreme Court's decision.

The Eighth Circuit or another lower court must carry out the Supreme Court's decision on remand. Courts handling similar federal restitution disputes will apply the Court's ruling.

The Court unanimously reversed the Eighth Circuit and sent the case back for further proceedings. Justice Kavanaugh wrote the 9-0 opinion.

People with federal restitution obligations and victims owed restitution may be affected. Lower courts must apply the Supreme Court's decision in similar disputes.

The case returns to the lower court for action consistent with the Supreme Court's decision. The lower court will resolve the remaining proceedings.