National Association of Criminal Defense Lawyers

Rule Changes

Filed amicus supporting petitioner

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

Rule Changes

Filed amicus brief supporting Bowe

The Supreme Court just handed federal prisoners a major win, ruling 5-4 that they can challenge their convictions repeatedly—something most courts have blocked for decades. Michael Bowe, serving 24 years for armed robbery, asked to revisit his case based on new legal precedent. The Eleventh Circuit said no. On January 9, 2026, the Supreme Court said yes, declaring that a key provision of the 1996 anti-terrorism law applies only to state prisoners, not federal inmates.

Updated Jan 11