[quote author=politicallefty link=topic=493683.msg8604375#msg8604375 date=1652511560
That's true, but whatever the opinion is and the various concurrences and dissents are, we could get some insight into where some of the Justices stand on
Miranda going forward. But that's only true if Vega wins.
If Tekoh wins, it's probably the biggest victory for Miranda rights since the decision itself. In that sense, I don't think any of us are expecting a total win for Tekoh. It's possible they don't even touch the issue at all and find some technicality.
There probably are five votes there (Roberts would probably side with liberals here), but it's an open question whether any state would openly pass a law that seeks to overturn Mapp or Miranda, or whether any justice would be willing to write an opinion that explicitly overturns Mapp or Miranda (maybe Thomas or Alito would, but I'm not certain).
Congress itself tried to overrule
Miranda. That was part of what the
Dickerson case was about back in 2000. Obviously, it'd would be extraordinarily hard for Congress to try that again even if it saw an opening. However, I wouldn't be so sure about the state level, at least in terms of passing a law after SCOTUS blasting a hole in the decision and effectively inviting a challenge.
I don't want to contemplate a post-
Mapp country. It's not pretty. Overall, it's easy to chip away at, as the Court has done quite a few times over the years.
[/quote]
That would be shocking, given Roberts's position on exclusionary rules.