[logi_cal869]

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.

[Alberta's Child]

The bigger issue here is that at least 95% of the U.S. criminal code should be eliminated. Most of the crap in there has no business being prosecuted in a Federal court.

Federal tax evasion, espionage, and treason are pretty much the only "stand-alone" Federal crimes that are worthy of prosecution. Beyond that, the Federal government should only be involved in the pursuit and apprehension of people charged with state crimes who flee to other jurisdictions.