Terance Martez Gamble, Petitioner v. United States — Thomas, J., Concurring

Summary

Justice Thomas concurs with the majority that the dual‑sovereignty doctrine does not violate the Double Jeopardy Clause, emphasizing that the doctrine is not demonstrably erroneous and therefore need not be overruled under stare decisis. He argues that the Constitution’s original meaning and the limited scope of congressional criminal power support the doctrine, and that stare decisis should yield when precedent conflicts with the text.