Gamble v. United States
The Court Says Double Jeopardy Does Not Apply to State and Federal Prosecutions
Gamble v. United States was featured in Double Jeopardy, Supreme Court Debates (Jan. 2019). The following is excerpted from the 7-to-2 majority opinion written by Justice Alito, as prepared by the Court Reporter of Decisions. This Court declines to overturn the longstanding dual-sovereignty doctrine. The dual-sovereignty doctrine is not an exception to the double jeopardy right but follows from the Fifth Amendment’s text. The Double Jeopardy Clause protects individuals from being “twice put in jeopardy … for the same offence.” As originally understood, an “offence” is defined by a law, and each law is defined by a sovereign. Thus, where…
