Yeager v. United States — Scalia, J., dissenting

Summary

Justice Scalia, joined by Justices Thomas and Alito, dissents, arguing the Double Jeopardy Clause does not bar retrial on counts where the jury hung after acquitting on factually related counts, as this violates original meaning and the 'continuing jeopardy' principle. He distinguishes Ashe v. Swenson and relies on precedents permitting inconsistent verdicts within the same trial. Alito joins the dissent; Justice Kennedy concurs in part and in the judgment but urges a stricter application of Ashe on remand, noting the acquittals may have rested on grounds other than insider information.