Whether the unlawful retention of property by state officials—in this case, property forfeited from thousands of legally innocent persons whose wrongful state drug convictions have been vacated—is, as the First Circuit found, a "past wrong and not an ongoing violation for Ex parte Young purposes," Cotto v. Campbell, 126 F.4th 761, 769 (1st Cir. 2025), or "part of an ongoing [constitutional] tort," Maron v. Chief Financial Officer of Florida, 136 F.4th 1322, 1333-34 (11th Cir. 2025), as held by at least the Second, Fourth, Fifth, Sixth, Ninth, Tenth, and Eleventh Circuits.

Whether the unlawful retention of property by state officials constitutes a past wrong or an ongoing constitutional violation under Ex parte Young