Post facto)

POST FACTO). after the fact. Vide Ex post facto.

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97-50508), 1998 WL 34079313 (arguing Due Process Clause prevents judicial decisions expanding criminal liability ex post facto). Newman's brief to the Ninth Circuit asserted that "[j]ust as the Ex Post Facto Clause prevents an executive agency or legislature from expanding a criminal statute or regulation after the fact, the Due Process Clause prevents the judiciary from expanding its interpretation of a criminal statute after the fact." Brief of Defendant-Appellee, supra, at 9; see also Morrison, supra note 20, at 462-63 (noting Ex Post Facto Clause applies only to legislation).

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