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American Prospects

Justice after the Fact

June 11, 2013

Although the Supreme Court is expected to wrap up its term at the end of the month, on Monday the Court declined to hand down any of the blockbuster civil-rights rulings still pending. It did, however, rule in Peugh v. United States, an important opinion that protected a vital democratic value: the prohibition against retroactive punishments.

The key question in Peugh involves the application of Article I, Section 9 of the Constitution, which mandates that "No ... ex post facto Law s

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