Gamble v. U.S.: conspiracy theory edition

Ken at Popehat has an explainer on how the case of Gamble v. U.S. before the Supreme Court, on the operation of the dual-sovereignty exception to double jeopardy protection, is 1) not the subject of some fiendish plot to give Trump pardons universal effect by way of a Kavanaugh fifth vote; 2) not a conventional left-right issue either, Ruth Ginsburg and Clarence Thomas having joined in an opinion questioning the current doctrine. (Cato has joined in an amicus brief with Brianne Gorod of the left-leaning Constitutional Accountability Center to support the Ginsburg-Thomas position as more consistent with both originalism and civil liberties.) Earlier here (cert stage of Gamble) and here (similar Tyler case).

Be the first to leave a comment. Don’t be shy.

Join the Discussion

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

This site uses Akismet to reduce spam. Learn how your comment data is processed.