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Reason
Reason
Jonathan H. Adler

MYSTERIOUS: Barrett v gorsuch - You Need To See This

Among the five opinions the Supreme Court released yesterday was Denezpi v. United States, in which the Court held that the Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them. Justice Barrett wrote for the Court. Justice Gorsuch dissented, joined (in part) by Justices Sotomayor and Kagan.

As Marcia Coyle notes in the National Law Journal, this is the third case so far this term in which Justice Barrett has written the majority opinion and Justice Gorsuch dissented. Unmentioned by Coyle, the two young justices also authored dueling opinions in a case last term as well, which means that Justices Barrett and Gorsuch have gone toe-to-toe in four cases so far, a particularly interesting fact given they share interpretive philosophies and were appointed by the same President.

Justice Barrett wrote for the Court in Patel v. Garland, holding that federal courts lack jurisdiction to review claims the Attorney General's decision to deny discretionary relief for an alien subject to removal. In Patel, Justice Gorsuch dissented for himself and the Court's three liberal justices.

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