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Supreme Court postpones arguments for Bush national day of mourning

The Supreme Court will delay arguments in a case involving an exception to the Constitution's double jeopard...

Posted: Dec 3, 2018 9:38 AM
Updated: Dec 3, 2018 9:38 AM

The Supreme Court will delay arguments in a case involving an exception to the Constitution's double jeopardy clause for one day to mark the national day of mourning Wednesday honoring former President George H.W. Bush.

The oral arguments in Gamble v. United States will instead be held Thursday, according to a Sunday news release from the court's public information officer.

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The case involves an exception to the double jeopardy clause of the Fifth Amendment, which allows individuals to be charged for the same offense in both state and federal court. The case could have an impact on President Donald Trump's pardon power, CNN's Ariane de Vogue reported in October, because it could prevent states from trying those who had been convicted of federal crimes and then pardoned.

Associate Justice Clarence Thomas was nominated by Bush in 1991, and Chief Justice John Roberts worked as the principal deputy solicitor general in the Department of Justice under the Bush administration. Roberts was later nominated to the nation's highest court by Bush's son, President George W. Bush, in 2005. Retired Justice David Souter was also nominated to the court by the elder Bush.

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