With the predictable 5-4 lineup, the Supreme Court ruled yesterday that, in order to exclude from evidence incriminating statements to the police, criminal suspects must have unambiguously invoked their right to remain silent. The case essentially asked, what constitutes a waiver of one’s Miranda rights? Does sitting silent, unresponsive, for nearly three hours, as did the suspect, Van Chester Thompkins, ... Read More
My Harvard Independent column for this week addresses the retirement of John Paul Stevens and the issue of picking his successor. Read the original here. If they made posters of Supreme Court Justices, I’d put John Paul Stevens on my bedroom wall. The man is a progressive hero — first and foremost, for his longevity. In 2006, the liberal radio ... Read More
One of the constant refrains in articles about David Souter’s retirement is that replacing him with another “liberal” will not change the “basic makeup of the Court.” There are quite a few things wrong with this analysis. As the media often do, they grossly oversimplify and mischaracterize a Supreme Court justice’s philosophy. David Souter is many things, but certainly one ... Read More
Crucial crossroad, or more of the same? Every election cycle, we are told that the future of the Supreme Court, and particularly the future of abortion jurisprudence, is at stake. This election-centric view infects the mainstream media, which routinely publish October headlines like “This time, Roe v. Wade really could hang in the balance,” as the Los Angeles Times declared ... Read More
