Comment Re:Ex post facto? (Score 2) 514
1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Key words your ignoring: law, passing, and criminal. No law was passed. Instead a court invalidated a law. Thus when the people doing the action, they were not innocent. Second ex post facto only applies to criminal law. No tax payer is going to jail over this.