Barrett v. United States · ¶84

On that understanding, I join all but Part IV–C of Justice Jackson's opinion. But while today's decision is correct as far as it goes, sooner or later we will have to clear up the confusion—and to my eyes, this case serves as a poster child for how that confusion should be resolved. Mr. Barrett really was charged twice for one offense. He really was convicted twice. Before our intervention, he really was set to be criminally punished twice. And whatever Congress might or might not intend, that is double jeopardy.

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