Ellingburg v. United States · ¶68

In Collins v. Youngblood, this Court explained that any “departure from Calder's explanation of the original understanding of the Ex Post Facto Clause[s] was . . . unjustified.” 497 U. S., at 49. The Court understood itself to be bound by what Calder meant rather than by its intervening precedents that misunderstood Calder. 497 U. S., at 49–50. Today, this Court's precedents concerning the scope of laws imposing criminal punishment have departed from Calder's understanding of that category. In a future case, the Court should consider returning to Calder's understanding.

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