didn't read the article, but if the court made that decision, then they can (and probably will) be charged. the court doesn't make laws, they only interpret the law... so, in effect, the court is interpreting the law to say that it's been illegal all along.
if the legislature had changed the law, *then* it would be ex post facto.
didn't read the article, but if the court made that decision, then they can (and probably will) be charged. the court doesn't make laws, they only interpret the law... so, in effect, the court is interpreting the law to say that it's been illegal all along.
if the legislature had changed the law, *then* it would be ex post facto.
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