Cite as: 539 U. S. 607 (2003)
Kennedy, J., dissenting
The Court's opinion is premised on the same approach. It relies on Judge Hand for the proposition that an extension of expired limitations periods " 'seems to most of us unfair and dishonest.' " Ante, at 611 (quoting Falter, supra, at 426). In previous cases, however, the Court has explained that this conception of our ex post facto jurisprudence is incorrect: "[W]hile the principle of unfairness helps explain and shape the Clause's scope, it is not a doctrine unto itself, invalidating laws under the Ex Post Facto Clause by its own force." Carmell, supra, at 533, n. 23 (citing W. S. Kirkpatrick & Co. v. Environmental Tectonics Corp., Int'l, 493 U. S. 400, 409 (1990)).
It was the unsupported Hand observation that formed the rationale applied by many of the cases the Court cites, including all the post-Moore cases where expired limitations periods were at issue. See Fraidin, 63 F. Supp., at 276 (re-lying on Falter and containing no discussion of the Calder categories); Shedd, 702 P. 2d, at 268 (same); Hodgson, 108 Wash. 2d, at 667-668, 740 P. 2d, at 851 (relying on, and quoting from, Falter); Rocheleau, 404 Mass., at 130, 533 N. E. 2d, at 1334 (containing no Calder analysis but relying instead on its earlier decision in Commonwealth v. Bargeron, 402 Mass. 589, 524 N. E. 2d 829 (1988), which in turn was based on Falter); O'Neill, 118 Idaho, at 246, 796 P. 2d, at 123 (citing Falter and supplying no analysis of its own); State v. Hirsch, 245 Neb. 31, 39, 511 N. W. 2d 69, 76 (1994) (relying on Falter); Hamel, 138 N. H., at 395, 643 A. 2d, at 955 (same). Since these cases applied the methodology our Court has disa-vowed, they provide the majority with scant support. None of them even discussed the issue in terms of Calder's second category, much less construed that category in the manner today's decision improperly proposes. The flaw of these cases is not, as the majority argues, that they are "not perfectly consistent with modern conceptions of how legal analysis should proceed," ante, at 630; the flaw is that their method of analysis is foreclosed by this Court's precedents.
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