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Supreme Court declines Herrera-Salazar appeal; two justices cite double jeopardy concerns

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Coverage spectrum

Covered by 7 outlets, mostly right-leaning (72%).

7 articles in total. The spectrum counts each outlet once and leaves opinion out. How we measure bias

The Supreme Court on Tuesday declined to hear an appeal from Jesus Herrera-Salazar, a Mexican national convicted of illegally reentering the United States. In a joint statement, Justices Sonia Sotomayor and Neil Gorsuch, a liberal and a conservative, said the case raised “serious constitutional problems” involving double jeopardy protections. Sotomayor’s statement says Herrera-Salazar was ordered not to leave the Eastern District of Oklahoma before a second prosecution. Coverage reports that he has since been deported, a factor the Court cited in declining review. The appeal argued that the second prosecution violated double jeopardy. Because the Court did not take up the case, no court has ruled on the merits of that question.

Headline and summary written by Mantle’s AI from the coverage below, under published rules. How this works

What happened

Key points

Each point shows who reports it, from Far Left to Far Right.

  1. The Supreme Court declined to hear an appeal from Jesus Herrera-Salazar, a Mexican national convicted of illegally reentering the country.

    Reported byFar Left1Center1Right2Far Right3See the outletsHide the outlets
    Far Left
    The Daily Beast
    Center
    The Hill
    Right
    Washington Examiner, New York Post
    Far Right
    The Epoch Times, RedState, Fox News
  2. Justices Sonia Sotomayor and Neil Gorsuch issued a joint statement saying the case raised serious constitutional problems.

    Reported byFar Left1Center1Right2Far Right2See the outletsHide the outlets
    Far Left
    The Daily Beast
    Center
    The Hill
    Right
    Washington Examiner, New York Post
    Far Right
    RedState, Fox News
  3. Sotomayor’s statement says Herrera-Salazar was ordered not to leave the Eastern District of Oklahoma before his second prosecution.

    Reported byFar Left1Right1Far Right2See the outletsHide the outlets
    Far Left
    The Daily Beast
    Right
    New York Post
    Far Right
    RedState, Fox News
  4. Coverage reports that Herrera-Salazar has been deported, a factor in the Court’s decision not to hear the appeal.

    One side only: the rightReported byRight1Far Right2See the outletsHide the outlets
    Right
    New York Post
    Far Right
    The Epoch Times, Fox News

What is contested

Where accounts differ

Points the coverage does not agree on, and who says what.

  • The second prosecution of Herrera-Salazar violated double jeopardy protections.

    Sotomayor and Gorsuch say the case raises serious constitutional problems, and the appeal argued a double jeopardy violation. The Court declined to hear the case, so no court has ruled on the merits.

How each side tells it

Compare views

All sides report the Supreme Court declined Herrera-Salazar’s appeal and that Sotomayor and Gorsuch cited serious constitutional problems. The main difference is emphasis: the center and left stress the cross-ideological alliance, while the right often calls him an illegal immigrant and targets the prosecution.

  • the left

    1 outlet

    Headline stresses that a Trump-appointed justice joined a liberal colleague and calls the government’s case absurd, presenting the cross-ideological alliance as the news.

    Trump Appointee Joins Liberal SCOTUS Colleague to Loaded verb“Blast”The verb “Blast” adds drama beyond the justices’ written criticism.More neutral: criticizeDisagree with this highlight? ‘Absurd’ Case
    The Daily BeastFar LeftAll left-leaning headlines
  • the center

    1 outlet

    Headlines name the two justices and their joint condemnation, quoting the constitutional absurdity phrase and presenting the statement as a rare bipartisan rebuke.

    Sotomayor, Gorsuch Loaded verb“condemn”The verb “condemn” signals a moral verdict, while the justices’ statement only questioned the prosecution’s constitutionality.More neutral: criticizeDisagree with this highlight? immigrant's prosecution, citing 'constitutional absurdity'
    The HillCenterAll center headlines
  • the right

    5 outlets

    Headlines focus on the defendant as an illegal immigrant and on the Justice Department’s prosecution, with far-right outlets stressing the unusual alliance and the deportation.

    Sotomayor, Gorsuch Loaded verb“blast”Blast conveys a harsher attack than the justices’ statement, which said the case raised serious constitutional problems.More neutral: criticizeDisagree with this highlight? illegal immigrant’s prosecution as ‘constitutional absurdity’
    New York PostRightAll right-leaning headlines

The words they chose

Language to notice

Words that carry a judgement beyond the facts. Tap a highlighted word anywhere on the page to see why.

  • Left2

    Blastillegal immigrant

  • Center1

    condemn

  • Right3

    Blastripslam

In the outlets’ own words

  • Loaded verb

    BlastMore neutral: criticize

    The verb “Blast” adds drama beyond the justices’ written criticism.

    Trump Appointee Joins Liberal SCOTUS Colleague to Blast ‘Absurd’ Case

    Used byThe Daily Beast (Far Left)New York Post (Right)RedState (Far Right)

  • Loaded verb

    ripMore neutral: criticize

    The verb “rip” adds force beyond the justices’ written statement, which questioned the prosecution.

    Sotomayor and Gorsuch team up to rip ‘constitutional absurdity’ of immigration case

    Used byWashington Examiner (Right)Fox News (Far Right)

  • Loaded verb

    condemnMore neutral: criticize

    The verb “condemn” signals a moral verdict, while the justices’ statement only questioned the prosecution’s constitutionality.

    Sotomayor, Gorsuch condemn immigrant's prosecution, citing 'constitutional absurdity'

    Used byThe Hill (Center)

  • Loaded modifier

    illegal immigrantMore neutral: a Mexican national who entered the country illegally

    The legal-status label is applied to a named person in the outlet’s own voice where a plain description of the conduct was available.

    The two opposing justices saw eye to eye on the government’s treatment of an illegal immigrant.

    Used byThe Daily Beast (Far Left)

Show 1 more phrasesShow fewer
  • Loaded verb

    slamMore neutral: criticize

    Slam adds force beyond the reported statement of constitutional concern.

    …Sonia Sotomayor and her conservative colleague Neil Gorsuch joined forces Tuesday to slam what they called “serious constitutional problems” with the prosecution of a Mexican…

    Used byNew York Post (Right)

See the full language guide

See for yourself

Side by side

What each side leads with and what it leaves out. Open a side to read its headlines.

From the left

1 outlet

Leads with

  • Trump-appointed justice joining a liberal
  • the word absurd
  • alliance across ideology
See the headline from the leftHide the headlines
  • Trump Appointee Joins Liberal SCOTUS Colleague to Loaded verb“Blast”The verb “Blast” adds drama beyond the justices’ written criticism.More neutral: criticizeDisagree with this highlight? ‘Absurd’ Case

    A Trump-appointed Supreme Court judge joined a liberal colleague to denounce the government’s actions in a case they said had “serious constitutional problems. …

From the center

1 outlet

Leads with

  • joint condemnation by two justices
  • constitutional absurdity quote
  • double jeopardy protections
See the headline from the centerHide the headlines
  • The HillCenter

    Sotomayor, Gorsuch Loaded verb“condemn”The verb “condemn” signals a moral verdict, while the justices’ statement only questioned the prosecution’s constitutionality.More neutral: criticizeDisagree with this highlight? immigrant's prosecution, citing 'constitutional absurdity'

    A liberal and conservative Supreme Court justice joined forces on Tuesday to condemn what they said were “serious constitutional problems” in the government’s prosecution of a Mexican national for illegally reentering the country. …

From the right

5 outlets

Leads with

  • illegal immigrant status
  • Justice Department prosecution
  • unlikely alliance
  • deportation
See the 5 headlines from the rightHide the headlines
  • Fox NewsFar Right

    Trump-appointed justice joins Sotomayor in unlikely alliance to Loaded verb“rip”Rip conveys a harsher attack than the justices’ statement, which raised serious constitutional problems.More neutral: questionDisagree with this highlight? DOJ's handling of illegal immigrant case

    Supreme Court Justices Neil Gorsuch and Sonia Sotomayor joined forces after prosecutors charged a deported man despite ordering him to stay in Oklahoma after his first conviction.

  • RedStateFar Right

    A Rare Day at SCOTUS As Gorsuch and Sotomayor Team Up to Loaded verb“Blast”Blast conveys a harsher attack than the justices’ statement, which said the case raised serious constitutional problems.More neutral: criticizeDisagree with this highlight? Immigration Case

    Supreme Court Justices Neil Gorsuch and Sonia Sotomayor don't exactly have a reputation for marching in lockstep.

  • Sotomayor, Gorsuch Loaded verb“blast”Blast conveys a harsher attack than the justices’ statement, which said the case raised serious constitutional problems.More neutral: criticizeDisagree with this highlight? illegal immigrant’s prosecution as ‘constitutional absurdity’

    The high court rejected Jesus Herrera-Salazar’s request to review his case, in part because he has already been deported.

  • Sotomayor, Gorsuch Say Prosecution of Immigrant Was ‘Constitutional Absurdity’

    Two Supreme Court justices have said that the prosecution of an illegal immigrant represents serious constitutional issues. Justice Sonia Sotomayor, in a statement joined by Justice Neil Gorsuch, said the case of an illegal immigrant from Mexico named Jesus Herrera-Salazar …

  • Sotomayor and Gorsuch team up to Loaded verb“rip”The verb “rip” adds force beyond the justices’ written statement, which questioned the prosecution.More neutral: criticizeDisagree with this highlight? ‘constitutional absurdity’ of 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. …

Articles you open from here build My Mix, a private picture of how your reading spreads across the spectrum, kept on this device. What is My Mix?

The left is Far Left and Left together. The right is Right and Far Right together. Every outlet keeps its own five-point rating.

Who reported it when

How the coverage built up

  • Left

    10 hr later

    Its first report, Oct 13, 8:32 PM EDT

  • Center

    First to report

    The Hill, Oct 13, 10:29 AM EDT

  • Right

    7 hr 43 min later

    Its first report, Oct 13, 6:12 PM EDT

See the order the outlets reported inHide the order
  1. The HillCenterOct 13, 10:29 AM EDT
  2. Washington ExaminerRightOct 13, 6:12 PM EDT
  3. The Daily BeastFar LeftOct 13, 8:32 PM EDT
  4. The Epoch TimesFar RightOct 14, 8:43 AM EDT
  5. New York PostRightOct 14, 10:11 AM EDT
  6. RedStateFar RightOct 14, 12:08 PM EDT
  7. Fox NewsFar RightOct 15, 12:56 PM EDT

Times are the ones the outlets published in their own feeds, in Eastern time. Opinion is left out.

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