Started Oct 12, 2018 05:00PM UTC   •   Closing Jun 29, 2019 06:59AM UTC

In Gamble v. United States, will the Supreme Court overrule the "separate sovereign" exception to the Double Jeopardy Clause?

Terance Gamble was convicted of being a felon in possession of a firearm by both the State of Alabama and the federal government (SCOTUSBlog). He appealed his federal conviction, arguing that being prosecuted for the same crime by two courts violates the Double Jeopardy Clause of the Fifth Amendment (Constitution Center).  The Eleventh Circuit affirmed his conviction, noting that the Supreme Court had ruled “that prosecution in federal and state court for the same conduct does not violate the Double Jeopardy Clause because the state and federal governments are 'separate sovereigns' (SCOTUSBlog).”  The Supreme Court is expected to hand down its decision in its current term, but if it does not, the question will resolve as no.

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Name Probability
Yes 11%

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