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OPINION ANALYSIS

Justices hold that restitution requirements imposed on federal convicts can’t be ratcheted up after the crime but before sentencing

By Ronald Mann on January 21, 2026

Yesterday’s majority opinion by Brett Kavanaugh in Ellingburg v. United States well may be the shortest of the term – less than five pages for a unanimous court holding that the ex post facto clause of the Constitution applies to sanctions imposed in federal criminal proceedings under the Mandatory Victims Restitution Act.

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COURT NEWS

Supreme Court denies review in several gun cases

By Amy Howe on January 20, 2026

Updated on Jan. 21 at 11:10 a.m.

The Supreme Court on Tuesday morning turned down several petitions for review challenging the ban on the possession of guns by people who have previously been convicted of felonies. However, the justices did not act on a similar case brought by a woman convicted of passing a fake check nearly two decades ago. The announcement came as part of a list of orders released from the justices’ Jan. 16 conference. After adding four new cases to its docket for the 2025-26 term, the court did not grant any additional cases on Tuesday.

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ARGUMENT ANALYSIS

Supreme Court appears sympathetic to gun owners’ challenge to Hawaii law

By Amy Howe on January 20, 2026

The Supreme Court on Tuesday appeared to side with a group of Maui gun owners in their challenge to a Hawaii law restricting their ability to bring their guns onto private property that is open to the public. After approximately two hours of oral argument in Wolford v. Lopez, virtually all of the court’s six Republican appointees seemed to agree with the challengers that the law, which requires the gun owners to obtain express permission from the property owner, violates the Second Amendment’s right to bear arms.

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