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[Opinion] Clarence Thomas Wants SCOTUS to Return to Understanding Established in 1798

Justice Thomas advocates extending Ex Post Facto Clause protections to retroactive civil penalties including administrative fines and municipal sanctions, citing Calder v. Bull's broad 1798 interpretation.

Summary by Newsweek
In a concurring opinion joined by Justice Neil Gorsuch, Thomas said he would restore the approach taken in Calder v. Bull.

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NewsweekNewsweek
Center

Clarence Thomas wants SCOTUS to return to understanding established in 1798

In a concurring opinion joined by Justice Neil Gorsuch, Thomas said he would restore the approach taken in Calder v. Bull.

·United States
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ReasonReason
Lean Right

Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws

Brief excerpts from today's concurrence in Ellingburg v. U.S., though the whole opinion is worth a read: I join the...

·United States
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Reason broke the news in United States on Tuesday, January 20, 2026.
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