Given all the discussions over Grutter and lawrence, the decision in Stogern, in whcih Breyer, writing for himself, Souter, O'Connor, Ginsburg and Stevens, reversed, on the basis of the ex post facto clause, California's attempt to allow prosecutions for crimes for which the original the statute of limitations had expired, by extending the statute. Rehnquist, Scalia and Thomas joined a Kennedy dissent upholding the statute.
Both the majority and dissent parse Justice Chase's opinion in Calder v. Bull, as well as numerous 19th c. cases in a very detailed series of arguments. I wonder whether anyone on the list had any thoughts on the use of history in this case, as compared with others in the term.
