Alert Listener wonders why extending the statute limitations to sue Donald Trump is not an ex post facto law?
Ex post facto laws are laws that retroactively change the legal
consequences of actions that were committed before the enactment of the law.
The Constitution prohibits the creation of ex post facto laws (Article I,
Sections 9 and 10) to protect individuals from being prosecuted for actions
that were not criminal at the time they were committed, or from facing greater
penalties than those that applied at the time the act was committed.
Changing the statute of limitations is
a little different
Statutes of limitations set deadlines for filing lawsuits or criminal
charges. These laws are meant to ensure fairness by requiring that legal
actions be initiated within a reasonable time, protecting individuals from
facing legal actions for prolonged periods after an event.
Creating or extending a statute of limitations retroactively, allowing
individuals to be prosecuted or sued after the original statute of limitations
has expired, might seem similar to enacting an ex post facto law. However,
courts have found that extending or reviving statutes of limitations,
especially for civil cases, does not necessarily violate the Constitution. The
courts have found distinctions by finding that statutes of limitations are
procedural, not punishment. They regulate the timing of when legal actions can
be brought, rather than defining conduct as criminal or imposing retroactive
criminal consequences. Most challenges under ex post facto provisions relate to
criminal laws.
Extending statutes of limitations for civil cases are generally viewed
differently, as the primary aim is not to punish but to provide a remedy for
grievances. It is primarily procedural and is often justified by legislatures
on the grounds of serving justice and public interest. However, any such
extensions must be carefully structured to avoid infringing on constitutional
protections, particularly regarding ex post facto laws in the context of
criminal charges.