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Ellingburg v. United States

Docket No. Op. BelowArgument Opinion Vote Author Term
24-482 8th Cir. Oct 14, 2025 Jan 20, 2026 9-0 Kavanaugh OT 2025

Holding: Restitution under the Mandatory Victims Restitution Act of 1996 is criminal punishment for purposes of the Ex Post Facto Clause.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on January 20, 2026. Justice Thomas filed a concurring opinion, joined by Justice Gorsuch.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/25/2024Petition for a writ of certiorari filed. (Response due November 29, 2024)
11/04/2024Waiver of right of respondent United States to respond filed.
11/06/2024DISTRIBUTED for Conference of 11/22/2024.
11/07/2024Response Requested. (Due December 9, 2024)
12/04/2024Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.
12/06/2024Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2025.
12/23/2024Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
12/26/2024Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2025.
02/07/2025Brief of respondent United States in opposition filed.
02/10/2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
02/11/2025Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)
02/12/2025DISTRIBUTED for Conference of 2/28/2025.
03/03/2025DISTRIBUTED for Conference of 3/7/2025.
03/17/2025DISTRIBUTED for Conference of 3/21/2025.
03/24/2025DISTRIBUTED for Conference of 3/28/2025.
03/31/2025DISTRIBUTED for Conference of 4/4/2025.
04/07/2025Petition GRANTED.
05/07/2025Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
05/12/2025Letter of respondent United States notifying the Court that the government will be filing a merits brief in support of the petitioner on the question presented, filed.
05/13/2025Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted, and the time is extended to and including June 23, 2025.
05/15/2025John F. Bash, Esquire, of Austin, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
05/21/2025Motion of Court-appointed amicus curiae for an extension of time filed.
05/27/2025Motion to extend the time to file brief of Court-appointed amicus curiae in support of the judgment below is granted and the time is extended to and including August 22, 2025.
06/04/2025Motion to dispense with printing the joint appendix filed by petitioner Holsey Ellingburg, Jr.
06/16/2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
06/23/2025Brief of petitioner Holsey Ellingburg, Jr. filed.
06/23/2025Brief of respondent United States supporting vacatur filed.
06/30/2025Brief amicus curiae of Professor Beth A. Colgan filed.
06/30/2025Brief amicus curiae of Constitutional Accountability Center filed.
06/30/2025Brief amici curiae of Cato Institute, et al. filed.
06/30/2025Brief amici curiae of Restitution Scholars filed.
06/30/2025Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
06/30/2025Brief amicus curiae of Professor Jennifer Laurin filed.
06/30/2025Brief amicus curiae of Professor Wayne A. Logan filed.
08/12/2025SET FOR ARGUMENT on Tuesday, October 14, 2025.
08/13/2025Motion for divided argument filed by the Solicitor General.
08/18/2025Record requested from the United States Court of Appeals for the Eighth Circuit.
08/22/2025Brief of Court-appointed amicus curiae in support of the judgment below filed.
08/26/2025Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).
08/29/2025Brief amicus curiae of Debra Ricketts-Holder filed. (Distributed)
09/02/2025CIRCULATED
09/22/2025Motion for divided argument filed by respondent GRANTED.
09/22/2025Reply of respondent United States filed. (Distributed)
09/22/2025Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)
10/07/2025Sealed material received electronically from the United States District Court for the Western District of Missouri. The remainder of the record is electronic and is available on PACER.
10/14/2025Argued. For petitioner: Amy M. Saharia, Washington, D. C. For respondent in support of vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: John F. Bash, Austin, Tex.
01/20/2026Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined.