Ellingburg v. United States
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 Brett Kavanaugh on Jan 20, 2026. Justice Thomas filed a concurring opinion, joined by Justice Gorsuch.
Oct 25, 2024Petition for a writ of certiorari filed. (Response due November 29, 2024)Nov 4, 2024Waiver of right of respondent United States to respond filed.
Nov 6, 2024DISTRIBUTED for Conference of 11/22/2024.
Nov 7, 2024Response Requested. (Due December 9, 2024)
Dec 4, 2024Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.Dec 6, 2024Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2025.
Dec 23, 2024Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.Dec 26, 2024Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2025.
Feb 7, 2025Brief of respondent United States in opposition filed.Feb 10, 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.Feb 11, 2025Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)Feb 12, 2025DISTRIBUTED for Conference of 2/28/2025.
Mar 3, 2025DISTRIBUTED for Conference of 3/7/2025.
Mar 17, 2025DISTRIBUTED for Conference of 3/21/2025.
Mar 24, 2025DISTRIBUTED for Conference of 3/28/2025.
Mar 31, 2025DISTRIBUTED for Conference of 4/4/2025.
Apr 7, 2025Petition GRANTED.
May 7, 2025Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.May 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.May 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.
May 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.
May 21, 2025Motion of Court-appointed amicus curiae for an extension of time filed.May 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.
Jun 4, 2025Motion to dispense with printing the joint appendix filed by petitioner Holsey Ellingburg, Jr.Jun 16, 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 23, 2025Brief of petitioner Holsey Ellingburg, Jr. filed.Jun 23, 2025Brief of respondent United States supporting vacatur filed.Jun 30, 2025Brief amicus curiae of Professor Beth A. Colgan filed.Jun 30, 2025Brief amicus curiae of Constitutional Accountability Center filed.Jun 30, 2025Brief amici curiae of Cato Institute, et al. filed.Jun 30, 2025Brief amici curiae of Restitution Scholars filed.Jun 30, 2025Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.Jun 30, 2025Brief amicus curiae of Professor Jennifer Laurin filed.Jun 30, 2025Brief amicus curiae of Professor Wayne A. Logan filed.Aug 12, 2025SET FOR ARGUMENT on Tuesday, October 14, 2025.
Aug 13, 2025Motion for divided argument filed by the Solicitor General.Aug 18, 2025Record requested from the United States Court of Appeals for the Eighth Circuit.
Aug 22, 2025Brief of Court-appointed amicus curiae in support of the judgment below filed.Aug 26, 2025Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).
Aug 29, 2025Brief amicus curiae of Debra Ricketts-Holder filed. (Distributed)Sep 2, 2025CIRCULATED
Sep 22, 2025Motion for divided argument filed by respondent GRANTED.
Sep 22, 2025Reply of respondent United States filed. (Distributed)Sep 22, 2025Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)Oct 7, 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.
Oct 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.
Jan 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.
Feb 23, 2026Judgment Issued.Recommended Citation: Ellingburg v. United States, SCOTUSblog, https://www.scotusblog.com/cases/ellingburg-v-united-states/