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Have not studied this in detail, but it sure sounds like double jeopardy to me.

I would side with the minority on this one, based on a first reading.

1 posted on 06/22/2022 12:43:06 PM PDT by Michael.SF.
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To: Michael.SF.

Would have been nice if the dumb author of this article gave us pertinent info like which justices voted yes and which voted nay.


2 posted on 06/22/2022 12:48:14 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: Michael.SF.

So would most of us.

Gorsuch is a serious civil libertarian


3 posted on 06/22/2022 12:48:21 PM PDT by campaignPete R-CT (I owe, I owe, it's off to work I go ...)
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To: Michael.SF.

Remember the guys in the Rodney King case were tried twice, with the 2nd trial being for violating civil rights? The legal reasoning, as I understand it, was that the trials were for different legal violations.

Ditto OJ Simpson, sued for wrongful death in civil court after his acquittal in the criminal trial.


4 posted on 06/22/2022 12:48:42 PM PDT by Dilbert San Diego
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To: Michael.SF.

You have the same thing with Federal hate crime prosecutions ... they just rename the crime as hate.


5 posted on 06/22/2022 12:48:56 PM PDT by RetiredTexasVet (Biden not only suffers fools and criminals, he appoints them to positions of responsibility. )
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To: Michael.SF.

“studied, detail, minority, on this one, first reading”

I think this is a clue to dispose of the mess. Conjured remedies are fine by them.


6 posted on 06/22/2022 12:49:12 PM PDT by Born in 1950 (Anti left, nothing else.)
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To: Michael.SF.

I would say that if there was a state prosecution and then a federal prosecution, it should be illegal because of the Constitution. If the opposite, it would depend on the state constitution.


8 posted on 06/22/2022 12:50:07 PM PDT by struggle
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To: Michael.SF.

Generally, a crime or offense can fall under different jurisdictions, for different causes of action. Thus, a person can be brought up on state charges, and also be brought up on federal charges, both charges arising out of the same event.


9 posted on 06/22/2022 12:51:05 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: Michael.SF.

Well hell. We might as well go WHOLE EFFIN’ HOG.

- World Court prosecution.
- Federal US Court prosecution.
- State Court prosecution.
- County Court prosecution.
- City Court prosecution.
- Precinct Court prosecution.

I mean hell, we GOTTA be able to nail someone with six seperate prosecutions!!!!

Besides, we’ll sure be able to bankrupt the bast’d.

America is a mockery of itself, at this point.


10 posted on 06/22/2022 12:57:07 PM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Michael.SF.
Six justices nevertheless approved the second prosecution, tracing the authority for the first conviction to a distinct "sovereign": the Ute Mountain Ute Tribe. But as Gorsuch notes, the first prosecution was not based on tribal law per se; it was based on a federal regulation that criminalizes "violation of an approved tribal ordinance."

Although the two convictions involved the "same defendant," the "same crime" and the "same prosecuting authority," Gorsuch observes, the Court implausibly concluded that "the Double Jeopardy Clause has nothing to say about this case." Such reasoning amplifies the danger that Gorsuch decried in 2019, inviting the government to "try the same individual for the same crime until it's happy with the result."

I understand the 'sovereign' argument, but I believe it was rendered moot by that which Gorsuch himself cites, as quoted above.

This bodes badly for 2A decisions from the new Court.

12 posted on 06/22/2022 12:57:59 PM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: Michael.SF.; woodpusher

Ping.


13 posted on 06/22/2022 12:59:38 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Michael.SF.

Doesn’t sound like it to me.

States are NOT subservient to the Federal Government.

You violate a state law that is also a federal law, you have 2 completely different governments charging you independently

Nothing complicated about this at all, nor is it a violation of the constitution.

There is a reason the only people who fell for this claptrap are Gorsuch, Kagan and Sotomayor.


14 posted on 06/22/2022 1:02:54 PM PDT by HamiltonJay
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To: Michael.SF.

Your first reading would need to be further researched or reread.

There was a case of Sexual Assault. As usual, the tribal system worked it down to assault and battery, hence such a low sentence.

I am thinking the VICTIM was probably VERY UPSET and wanted JUSTICE.

So....the Federal case was for aggravated sexual abuse. He was found guilty and got a new and heavier sentence.

Not a case of double jeopardy.

What Bush Sr did with the Fed’s Hate Crime WAS double jeopardy and set the ball rolling.......

I knew this case sounded familiar and went back and looked.....


19 posted on 06/22/2022 1:06:53 PM PDT by Notthereyet (NotThereYet. )
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To: Michael.SF.
From the article: "for illegally possessing a gun".

Two bill of rights amendments were violated: both the 5th amendment's ban on double jeopardy and the 2nd amendment's right to bear arms.

20 posted on 06/22/2022 1:08:02 PM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: Michael.SF.

I disagree with the decision as I also see it as double jeopardy but I see where they’re coming from.

The federal government acts independently of the states, having separate court systems, laws and processes. Even if the crime is the same incident, the laws being broken are two separate laws.

Frankly this could be fixed in congress easily - but don’t hold your breath.


21 posted on 06/22/2022 1:08:17 PM PDT by Skywise
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To: Michael.SF.

THERE MUST BE A GREAT DEAL MORE TO THIS OPINION THAN WE KNOW!

I would not vouch for others, but I can not imagine CLARENCE THOMAS, or SAMUEL ALITO, ever voting AGAINST the prohibition of DOUBLE JEOPARDY!


22 posted on 06/22/2022 1:08:50 PM PDT by TigerHawk (The Raised Middle Finger in the Clenched Fist of the World)
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To: Michael.SF.

I generally agree with the ruling. The solution to injustice is to write just laws and enforce them equally. Hate crimes laws are not just because they are applied unequally by design.

But it would be nice if the ruling provided a balance to the supremacy clause so that states could reasonably enforce things like unlawful entry into the country.

Can we make it a serious felony to be unlawfully present in a state?

Can state and local law enforcement assert equal jurisdiction at crime scenes and refuse to allow federal agents to disrupt an ongoing investigation?

Generally, this ruling will allow the continued abuse of power by the federal government and the DOJ in particular.


23 posted on 06/22/2022 1:09:08 PM PDT by unlearner (Si vis pacem, para bellum. Let him who desires peace prepare for war.)
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To: Michael.SF.

It is, by the clear reading of the constitution. Like asset forfeiture laws such rulings and laws are an afront to the principles of basic American justice.


24 posted on 06/22/2022 1:09:13 PM PDT by D Rider ( )
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To: Michael.SF.

The criminal was convicted by a Native American court and sentenced to 5 months. The court could not sentence more than 12 months. Then the US government got into the act, so technically two different nations, same crime.


26 posted on 06/22/2022 1:11:22 PM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: Michael.SF.; fieldmarshaldj; Impy; BillyBoy; GOPsterinMA; NFHale; LS; campaignPete R-CT; ...
Damn that TRAITOROUS liberal Roberts for siding with the liberals AGAIN. Thanks for NOTHING, GWB, that's what you get when a globalist Bush league appointee gets--

Oh wait!

You mean to say Roberts voted the right way on this one, but Trump's faux "originalist" Gorsuch voted to the LEFT of Roberts AGAIN, and sided with the Marxist judges AGAIN?

Whoops.

Well, nothing to see here folks! Besides, I'm sure Gorsuch has some really awesome 'libertarian' reason for doing so. The wise Latina who agrees with him on all this stuff is very libertarian, right? And he's a textualist or whatever... and he's just bein' a good originalist and voting the way the writers of the law ORIGINALLY intended... like when he said the writers of the civil rights act TOTALLY had trannies in woman's restrooms in mind when they wrote the law the in 1964...whatever...

IT'S ONLY BAD WHEN ROBERTS DOES IT!

Now, move on, please.

29 posted on 06/22/2022 1:15:01 PM PDT by BillyBoy (Build Biden Better.)
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To: Michael.SF.

They are saying that Native American Reservations, are in the United States, but have separate criminal codes and are sovereign.

Except; most accept native Americans as US citizens at birth (born on US soil and under the control of the US government. Further, since Biden can executive order shutdown of drilling and fracking on Native American reservations, they can no longer be considered sovereign.

I agree with the minority opinion here.


33 posted on 06/22/2022 1:17:52 PM PDT by Pete Dovgan
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