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Walter, I understand that while the Ex post facto clause specifically pertains to criminal law, certain principles of fairness inherent in this clause may influence judicial considerations in civil cases, although they are not directly governed by it.

In bodied in ex post facto is due process. My training prohibits me from using the word lie in connection with judicial matters. I prefer the word ERROR. It is human to error, but against policy to forgive.

The “Government actions” here retroactively affect fundamental rights unfairly can be contested on due process grounds, even if the matter is not criminal. Voting is acknowledged as a fundamental right essential to democracy.

In Eastern Enterprises v. Apfel, the Supreme Court invalidated a retroactive statute affecting employee health benefits, underscoring the importance of fairness under the Due Process Clause. Similarly, in Montgomery v. Louisiana, the Court examined the retroactive application of a previous ruling, highlighting issues related to retro-activity and due process concerns.

Jan 25
at
8:34 PM

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