The Supreme Court's new double jeopardy case divided 6-3 on gender lines: was this "some sort of gender-related 'empathy'"?

Lawprof Mark Tushnet wonders , noting the dissent limited to the 3 female Justices — Ginsburg, Kagan, and Sotomayor — and expressing the bel...

"This case demonstrates that the threat to individual freedom from reprosecutions that favor States and unfairly rescue them from weak cases...

"... has not waned with time. Only this Court’s vigilance has."  So ends the dissenting opinion in Blueford v. Arkansas , written ...