Epstein Secrets

other to the States (§ 10, cl. 1). We have construed the Clauses as applicable only to penal legislation. See Calder v. Bull, 3 Dail. 386, 390-391, 1 L.Ed. 648 (1798) (opinion of Chase, J.). EFTA00201260 Case 9:08-cv-80811-KAM Document 78 Entered on FLSD Docket 05/08/2009 Page 3 of 25 C.M.A. v.

Fact Clause prohibits a retroactive application of the 2006 amended version. Even under the analysis provided by the United States Supreme Court in Landqraf v. USI Film Products, 511 U.S. 244, 114 S.Ct. 1483 (1994), pertaining to civil statutes, not only is there no express intent by Congress to apply the new statute to pas

other to the States (§ 10, cl. 1). We have construed the Clauses as applicable only to penal legislation. See Calder v. Bull, 3 Dail. 386, 390-391, 1 L.Ed. 648 (1798) (opinion of Chase, J.). EFTA00222819 Case 9:09-cv-80469-KAM Document 13 Entered on FLSD Docket 05/06/2009 Page 8 of 29 Jane Doe I

3.1 It is an axiom of law that "retroactivity is not favored in the law." Bowen 488 U.S., at 208, 109 S.Ct., at 471 (1988). As eloquently stated in Landqraf v. USI Film Products, 114 S.Ct. 1483, 1497, 511 U.S. 244, 265-66 (1994): ... the presumption against retroactive legislation is deeply rooted in our jurisprudence, and

other to the States (§ 10, cl. 1). We have construed the Clauses as applicable only to penal legislation. See Calder v. Bull, 3 Dail. 386, 390-391, 1 L.Ed. 648 (1798) (opinion of Chase, J.). EFTA00175287 Case 9:09-cv-80469-KAM Document 13 Entered on FLSD Docket 05/06/2009 Page 9 of 29 Jane Doe I

.1 It is an axiom of law that "retroactivity is not favored in the law." Bowen, 488 U.S., at 208, 109 S.Ct., at 471 (1988). As eloquently stated in Landqraf v. USI Film Products, 114 S.Ct. 1483, 1497, 511 U.S. 244, 265-66 (1994): ... the presumption against retroactive legislation is deeply rooted in our jurisprudence, and