Sotomayor and Gorsuch join to condemn double jeopardy in immigration case

Supreme Court Justices Sonia Sotomayor and Neil Gorsuch teamed up on Tuesday to criticize the “constitutional absurdity” of the prosecution of Jesus Herrera-Salazar, saying the Mexican national’s two arrests raise questions about double jeopardy.

Sotomayor, a liberal, and Gorsuch, a conservative, released a joint statement with the high court’s decision not to hear Herrera-Salazar’s appeal after the federal government indicted him twice for allegedly illegally entering the country.