This double jeopardy case, anybody else think this is the court trying to rig the case for Trump

[MattP]

A minority ruling a majority a jerry rigged court to go along with the Congress and the President

[Chickensoup]

1. I thought the same thing when I heard it.

[bitterross]

2. I absolutely do think so.

I've given up all hope for actual impartiality by SCOTUS. Especially since Kennedy will be gone. At least he sometimes gave weight to precedent and to human rights.

[onenote]

3. Nope. This is something that Ginsburg invited two years ago.

While there are exceptions, by and large it is the conservative wing of the court that wants double jeopardy protection limited (so that accused baddies can be tried more than once) and the liberal wing of the court that wants double jeopardy protection expanded. The most recent case involving the double jeopardy clause was in 2016 -- the issue was whether the traditional rule that double jeopardy protection doesn't prevent separate federal and state prosecutions (the "dual sovereigns" exception) applied to prosecutions by federal authorities and Puerto Rican authorities. The Court found that Puerto Rico is essentially federal and thus the dual sovereigns exception didn't apply and the defendant was not subject to separate prosecutions. What is most notable is that Justice Ginsburg, in a separate concurring opinion, suggested that it was time for the Court to reconsider the dual sovereigns exception the next time a case arose involving separate prosecutions at the state and federal level. Having invited such a case to be brought to the court, it is not surprising that the court would grant cert two years later when such a case was presented to them.

My guess is that Ginsburg, and possibly other members of the liberal wing of the court, would like to get rid of the dual sovereigns exception and expand double jeopardy protection.