General Discussion

Ex Post Facto laws are forbidden, but usually only in cases of criminal law. There have been MANY retroactive laws passed in this country that were perfectly Constitutional. I think we just had one in the last few years, but it escapes my memory. Wasn't there an element of retroactivity involved in the same-sex marriage legislation that was being proposed in certain States prior to the Supreme Court ruling it Constitutional nationwide? Here in Ohio, there was a law passed regarding registration of sex offenders that had retroactive language in it.

I don't think legislation to remedy this particular situation would have to be retroactive. I would approach it just like the procedures for recall elections that most States have in place. Put it in place, then call for a recall. It doesn't have to be retroactive.