As usual the gowned clowns make the wrong call. The reasonable layman will rightly see that, whatever the reason, practically allowing double jeopardy means there is no winning. The state can simply invent as many layers of sovereignty above you as is required to secure conviction. Yet another nail in the coffin of the state's perceived legitimacy.

In the court's defense, this is already the reality with or without multiple sovereignty -- the legion of criminal offenses alone means they can throw the book at you for anything already. It's just not quite so obvious to the uninitiated.