A Terrible Court Ruling
The U.S. Supreme Court made a ruling a couple weeks ago, supported by 170 years of precedent with support from both the liberal and conservative wings of the court and a 7-2 vote. In Gamble v. U.S., our Supreme Court validated the right for the government to put a criminal defendant in double jeopardy. There has been no ruling by the court that is more offensive than this ruling.
The Justices made this ruling despite the fact that the Fifth Amendment of our Constitution specifically prohibits such action with the language “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” Why did the current Justices validate such poor judgment that had been adjudicated by their predecessors and reinforced previously? That is the mystery to be solved.
If one is not a legal expert but wants a better understanding, the best source today is Andrew McCarthy. Sure enough, McCarthy wrote about this case and he is dead wrong, a rare occurrence indeed.
He stated in his column that the principle definition of logic behind the decision was offered by the author of the majority decision, Justice Samuel Alito. McCarthy wrote… Read More