Supreme Court refuses to change double jeopardy rule in case with implications for federal pardons

By Debra Cassens Weiss

Developing: The U.S. Supreme Court on Monday declined to change the long-standing rule that allows federal and state prosecutions for the same offense.

The Supreme Court ruled against Terance Gamble, who was charged with being a felon in possession of a firearm by both the federal government and the state of Alabama. NBC News and SCOTUSblog have early coverage.

Justice Samuel A. Alito Jr., wrote the majority opinion. He was joined by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Stephen G. Breyer, Sonia Sotomayor, Elena Kagan and Brett M. Kavanaugh. Justices Ruth Bader Ginsburg and Neil M. Gorsuch filed dissenting opinions.

A contrary decision by the Supreme Court could have made it more difficult for a state to try someone who is pardoned by the president after federal trial proceedings have begun.

The case is Gamble v. United States.

via ABA Journal Daily News

June 17, 2019 at 11:13AM