Dear FAMMily,
We are excited to share an important victory at the Supreme Court, and to explain why it matters for fairness, constitutional rights, and the people impacted by our justice system.
On January 20, 2026, the Supreme Court ruled in Ellingburg v. United States that restitution ordered under the Mandatory Victims Restitution Act (MVRA) is part of a person’s criminal punishment, not a civil obligation. That distinction is critical because it means basic constitutional protections apply.
In this case, a man committed his offense before the MVRA existed but was later ordered to pay mandatory restitution under that law. He argued that this amounted to retroactive punishment, which the Constitution prohibits. The government claimed restitution was “civil,” not criminal, and therefore exempt from those constitutional protections. The Supreme Court disagreed and held that restitution under the MVRA is criminal in nature and cannot be imposed retroactively.
This decision is a meaningful win for constitutional fairness, and it highlights the role FAMM plays at the Supreme Court. FAMM participated in the case by filing an amicus brief, which is a written submission that allows organizations like ours to share expertise, context, and real-world impact with the Supreme Court. These briefs help the Justices understand what their decisions mean for actual people, not just legal theories.
In our brief, we told the story of our State Legislative Affairs Manager Matthew Charles, whose hard-earned freedom was threatened by a misunderstanding over restitution payments that he paid while in prison. His experience helped show the Court that restitution is criminal in nature because even mistakes or misunderstandings about restitution could revoke someone’s freedom.
For more than 30 years, FAMM has been a respected voice in major criminal justice cases before the Supreme Court. We focus on clear legal analysis paired with human stories, because laws don’t operate in the abstract, they shape real lives. This case is a powerful example of how that work can make a difference.
Thank you for being part of our community and supporting this mission.
You can read the Supreme Court’s full opinion here. You can read our amicus brief here.
