Trump-appointed justice joins Sotomayor in unlikely alliance to rip DOJ's handling of illegal immigrant case

What happened: The Supreme Court declined to hear Jesus Herrera-Salazar's double jeopardy appeal. Justices Sotomayor and Gorsuch issued a joint statement warning of constitutional problems with prosecuting him twice for unlawful presence. Key numbers: Herrera-Salazar was indicted in 2020, convicted, and prosecuted again after a 2020 stop in Heavener, Oklahoma. Why it matters: The statement urges lower courts to avoid similar constitutional problems. It marks another Sotomayor and Gorsuch alliance after Baker v. City of McKinney in November 2024 and a warrantless misdemeanor arrests case.

The Supreme Court declined to hear Jesus Herrera-Salazar's double jeopardy appeal. Justices Sotomayor and Gorsuch issued a joint statement warning of constitutional problems with prosecuting him twice for unlawful presence.

The statement urges lower courts to avoid similar constitutional problems. It marks another Sotomayor and Gorsuch alliance after Baker v. City of McKinney in November 2024 and a warrantless misdemeanor arrests case.