SCOTUS upholds longstanding 'dual sovereignty' exception to double jeopardy clause
The Supreme Court on Monday refused to overturn a longstanding rule that allows for individuals to be charged by states and the federal government for the same offense.
Justices Ruth Bader Ginsburg and Neil Gorsuch, in separate dissents, took issue with the majority's formula.Mark Wilson | Getty Images News | Getty Images The Fifth Amendment's double jeopardy clause states that "No person shall [...] be subject for the same offense to be twice put in jeopardy of life or limb." Alito wrote that because states and the federal government are both sovereign governments, a violation of state and federal law is not the "same offense," but is instead separate offenses.
In her dissent, Ginsburg wrote that under the Constitution, it is the governed, not the governments, who are the ultimate sovereigns.
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