It should, though. You shouldn't be able to break law -- especially not the Constitution -- and then skirt it by not having a ruling on it until after you got what you broke the law to accomplish.
You do make a good point. Now that I think about it, ex post facto applies more to laws passed by legislatures that rulings issued by courts. One of the functions of a court is to determine whether conduct is lawful after it’s been done.
It should, though. You shouldn't be able to break law -- especially not the Constitution -- and then skirt it by not having a ruling on it until after you got what you broke the law to accomplish.
You do make a good point. Now that I think about it, ex post facto applies more to laws passed by legislatures that rulings issued by courts. One of the functions of a court is to determine whether conduct is lawful after it’s been done.