How many votes are there to overrule Mapp and Miranda? (user search)
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  How many votes are there to overrule Mapp and Miranda? (search mode)
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Author Topic: How many votes are there to overrule Mapp and Miranda?  (Read 525 times)
Person Man
Angry_Weasel
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Posts: 36,689
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« on: May 11, 2022, 08:27:44 AM »

For Miranda, Alito and Thomas are safe overrule. Gorsuch is likely. Had he be there for Dickerson, he would join Scalia's dissent. Roberts might want to continue carving out Miranda, but not directly overrule. Kavanaugh and Barrett are wild cards. My ratings:

Alito: safe overrule
Thomas: safe overrule
Gorsuch: likely overrule
Barrett: lean overrule
Kavanugh: toss-up
Roberts: lean not overrule

I am not too sure about Mapp. Alito and Thomas are still safe overrule, but not sure about others.

Wouldn't overruling Mapp basically be ruling that the Tenth Amendment precludes Fourth Amendment rights?
I'm sure that alone would make someone like the Democracy Index downgrade the United States from being a moderately free society to a liberal-dictatorship hybrid.
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