Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution. The states are prohibited from pas

Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution. The states are prohibited from passing ex post facto laws by clause 1 of Article I, Section 10. Precedence has never been binding on the Supreme Court: https://constitution.congress.gov/resources/decisions-overruled/ https://constitution.congress.gov/resources/decisions-overru... If it was, we'd still be under Plessy v. Ferguson. But unlike abortion, protection from ex post facto laws wasn't determined by a judge to be a right. It's written very plainly in the Constitution itself, and I'm very confident that won't change within my lifetime.