Andrew Birrell

Rule Changes

Issued statement supporting ruling

For decades, federal courts disagreed on a fundamental question: Is court-ordered restitution a criminal punishment or a civil remedy? The distinction matters because the Constitution's Ex Post Facto Clause bars retroactive increases in criminal punishment—but not civil obligations. On January 20, 2026, the Supreme Court unanimously answered: restitution under the Mandatory Victims Restitution Act is plainly criminal punishment, and defendants cannot be held to payment terms that didn't exist when they committed their crimes.

Updated Jan 21