SCOTUS Affirms Exception To Double Jeopardy Rule: States And Federal Govt May Charge For Same Crime

The Washington Examiner reports:

The Supreme Court left intact a century-old exception to the Fifth Amendment’s double jeopardy clause that permits a state and the federal government to prosecute a person for the same criminal offense. The court ruled 7-2 in declining to overturn the separate sovereigns doctrine, with Justice Samuel Alito delivering the opinion of the court. Justices Ruth Bader Ginsburg and Neil Gorsuch dissented.

The case before the high court involved a challenge to the Supreme Court’s “separate sovereigns” doctrine, an exception to the Fifth Amendment’s double jeopardy clause, which states no one can be “subject for the same offense to be twice put in jeopardy of life and limb.” Under the separate sovereigns exception, however, a person can be prosecuted in state and federal courts for the same criminal conduct because the states are separate sovereigns.

In Gamble v. United States, #SCOTUS reaffirms “separate sovereigns” exception to Constitution’s double jeopardy clause; ruling means that federal and state governments can prosecute defendant for same conduct without violating Constitution

— SCOTUSblog (@SCOTUSblog) June 17, 2019

Justice Alito has the opinion for a 7-2 #SCOTUS in No 17-646 Gamble v United States. CA11 is affirmed. Ginsburg, Gorsuch dissent.

— Kimberly Robinson (@KimberlyRobinsn) June 17, 2019

#Gamble v. U.S. is out from #SCOTUS. As expected states are (still) allowed to prosecute someone for the same conduct that the federal government had. Not the best of news for @realDonaldTrump and his assistants. @TishJames, it’s all yours.

— Guy Rub (@Guy_A_Rub) June 17, 2019