Associate Justice of the Supreme Court of the United States
Appears in 2 stories
Associate Justice, U.S. Supreme Court
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
Wrote majority opinion in Free Speech Coalition v. Paxton
A federal judge blocked Texas from forcing Apple and Google to verify every app store user's age, calling the law akin to requiring ID checks at bookstore doors. The December 2024 ruling is the latest defeat in a wave of state attempts to age-gate the internet. Arkansas, Louisiana, Ohio, and Utah have all seen their social media age verification laws struck down as unconstitutional. But Florida scored a rare victory in November when the 11th Circuit allowed its under-14 ban to take effect while appeals continue—the first state law to survive preliminary challenges.
Updated Dec 26, 2025
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