On March 24, 2025, WLF asked an en banc Ninth Circuit panel to return to the ordinary test for determining whether a statute applies retroactively to pre-enactment conduct. In its amicus brief, WLF urged the Ninth Circuit to dispense with its “clarifying legislation” exception and decide this case—and all other retroactivity cases—based on the Supreme Court’s Landgraf framework. As WLF’s brief explained, the “clarifying legislation” exception is inconsistent with Landgraf. Such amendments in fact raise the precise same fairness and notice concerns as any other change in the law. WLF’s amicus brief was prepared with the generous pro bono assistance of Joshua M. Wesneski and Sydney Hargrove of Weil, Gotshal & Manges LLP.
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