[dtrizzle]

Thomas’s dissent is not about whether as a policy matter, someone should receive their money back. I suspect everyone thinks the Petitioners’ should get refunds. Rather, it’s about whether the Due Process Clause of the Fourteenth Amendment provides that right.

In his view, based on previous precedent, it does not. As a matter of previous precedent, the majorities approach is somewhat legally strained based on the Due Process Clause. But as a matter of policy, the majority's decision seems correct.