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“That is why the killing of an American abroad is a federal offense that can be prosecuted in our courts, and why customary international law allows this exercise of jurisdiction.”In dissent, Justice Ginsburg said the court should have overturned the double jeopardy decisions at issue in Mr. Gamble’s case, saying they had “been subject to relentless criticism by members of the bench, bar and academy.”Much of Justice Alito’s majority opinion was a detailed account of old English decisions, treatises and founding-era materials. Federal authorities then indicted them for violating federal prohibition laws. Terance Martez Gamble was prosecuted under both state and then federal laws for possessing a gun while being a felon. subjection of an individual to a second trial or punishment for the same offense or crime for which he has already been tried or punished Seven years later, an Alabama police officer pulled Gamble’s car over. According to a view popular with judges, the federal-state relationship is a brilliant invention of wise Founders who wished to make it harder for government to impede “liberty.” Obstacles to prosecution, some believe, are features of the system. Until recently, the Supreme Court held that tribal courts could not prosecute these abusers at all; those cases had to be prosecuted by federal prosecutors, who are sometimes overworked or unsympathetic to victims. When the defendants objected, the U.S. Supreme Court said that “an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both, and may be punished by each.” The principle was reaffirmed in 1959, and it remains a basic rule of federal criminal jurisdiction.In 2008, Gamble was convicted in Alabama state court of second-degree robbery, a felony. He pleaded guilty to state charges and received a one-year sentence. Gamble argued that this violated the double jeopardy clause, but lower courts said the dual prosecutions were permissible under Supreme Court precedents. In a brief, its lawyers argue that a wholesale rejection of the “separate sovereigns” rule would roll back a hard-won victory in the fight against domestic violence and sexual abuse in Indian country.The Howard Law School professor Adam Harris Kurland, who authored the brief, has written a book-length study of double jeopardy and federal-state relations. Justice Elena Kagan’s opinion turned on geometry. “If, as Gamble suggests, only one sovereign may prosecute for a single act, no American court — state or federal — could prosecute conduct already tried in a foreign court,” he wrote.Writing for the majority, Justice Samuel A. Alito Jr. said there was no good reason to overrule 170 years of precedents allowing separate prosecutions.In his own dissent, Justice Gorsuch said the majority had violated fundamental fairness.As the state case moved forward, federal prosecutors charged Mr. Gamble with the same conduct. Saying that the federal government and the states are independent sovereigns, the court has allowed separate prosecutions of the same conduct in state and federal courts.“Imagine, for example,” Justice Alito wrote, “that a U.S. national has been murdered in another country.” Both nations, he wrote, would have an interest in prosecuting the murderer.Mr. Read: Can the constitution govern America’s sprawling empire? Beyond that, hate-crime laws and prohibitions on housing discrimination might be affected by an overbroad opinion that overturns the “separate sovereigns” rule, he said. The Supreme Court was noticeably less generous in the case of Alex Blueford, whose jury had unanimously acquitted him on capital murder charges before hanging on the issue of whether to convict him of manslaughter.