In the case of Marion Reynolds Stogner v. California, 2002, the U.S. Supreme Court ruled that a California law allowing prosecution for child molestation no matter how much time had passed since the alleged crime was unconstitutional as it violated the Ex Post Facto Clause of Article I Section 10 in The Constitution. This clause prohibits states from passing laws that retroactively change legal consequences or punishments for actions committed before enactment of such laws. Stogner was charged with crimes dating back to between 1955 and 1973 under this law enacted in 1994 which extended statute limitations on sexual abuse cases involving children until either three years after victims reported their abuse or one year after an indictment could be issued based on evidence other than victim testimony alone - whichever came later. The court held by a vote of five to four that this extension amounted to an ex post facto law because it allowed punishment where none previously existed at time offenses were allegedly committed.

In the dissenting opinion for Marion Reynolds Stogner v. California, Justice Anthony Kennedy argued that the majority's decision was an overreach of judicial power and a misinterpretation of the Ex Post Facto Clause. He contended that this clause should not be used to limit legislative authority in determining criminal statutes or their retroactive application. According to him, it is within legislators' rights to change laws as they see fit based on societal needs and advancements in understanding crimes like child abuse. The ruling could potentially invalidate many state laws designed to prosecute old cases where evidence has only recently come forward due to technological advances or victims overcoming fear or trauma related issues preventing them from reporting earlier. Furthermore, he disagreed with the majority's view that prosecution after such long periods inherently violates 'fundamental fairness,' arguing instead that each case should be evaluated individually considering all circumstances including reasons for delay in prosecution.