No. There is nothing exclusionary about the decision. I think you are reading more into it than is there. There is a big difference between the terms 'retroactive' and 'retrospective'. Bob Ney made a contract with the govt. that affords him a pension. Now of course he could get sued in a civil case to try to take away that pension, but any law passed by congress cannot just nullify the govt's obligation to abide by that contract and pay him. I've personally been through the bullshit of the state attempting to screw me with ex post facto law and trying to take my money. They have no legal basis to do it, and if they try it on Bob they are going to get sued.