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Gamble v. United States

Updated Sep 19, 2026

In brief

The Supreme Court kept the separate-sovereigns rule in place, so the federal prosecution could follow Alabama's prosecution for the same conduct.

Where it stands
Decided

Decided 7-2 · June 17, 2019 · Opinion by Justice Thomas

What it’s about
The case asked whether the federal government could prosecute Terance Gamble for being a felon in possession of a firearm after Alabama had already prosecuted him for the same conduct.
Who it affects
The ruling lets state and federal prosecutors bring separate cases based on the same conduct because the governments are treated as separate sovereigns. It leaves Gamble's federal prosecution in place.

Summary: written with AI from the case record.

Illustration for Gamble v. United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court held that this second prosecution did not violate the Double Jeopardy Clause because state and federal governments are separate sovereigns.

The case tested whether the constitutional protection against being tried twice applies when state and federal governments prosecute the same conduct.

Question presented

Whether the Court should overrule the "separate sovereigns" exception to the Double Jeopardy Clause.

What the Court decided

Holding

This Court declines to overturn the longstanding dualsovereignty doctrine. 750, affirmed.

Result
Affirmed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 7joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomaswrote the opinion
  4. Kavanaugh
  5. Sotomayor
  6. Roberts
  7. Alitoalso wrote separately
Dissenting · 2disagreed with the result
  1. Ginsburgwrote a dissent
  2. Gorsuchwrote a dissent
7 justices joined the judgment, 2 dissented.

From the opinions

“A free society does not allow its government to try the same individual for the same crime until it’s happy with the result.”

— Justice Gorsuch(dissent)

What's next

The lower-court judgment remains in force. Lower courts and prosecutors will continue applying the separate-sovereigns rule in similar state-federal cases.

Documents

2

Docket activity

9
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 19, 2026 · Generated

Show 4 more
  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 3, 2026 · Court records

  • Opinion added: opinion

    Jun 17, 2019 · Court records

  • Brief added: Questions Presented

    Court records

More questions

4
What did Gamble v. United States decide?
The Court upheld the lower court's ruling and kept the separate-sovereigns rule, allowing state and federal prosecutions for the same conduct.
What did Gamble argue about the federal prosecution?
Alabama had already prosecuted him for the same conduct, so he argued the federal case violated the Constitution's protection against double jeopardy.
How did the separate-sovereigns rule affect Gamble's case?
It treated Alabama and the federal government as separate sovereigns, so the federal prosecution was not barred by double jeopardy.
What happens next in Gamble v. United States?
The lower-court judgment remains in force, and lower courts will apply the rule in similar state-federal prosecutions.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis