High Court Alito leads the effort to drag the High Court to the ‘Right’ undoing past court rulings that had given American’s ‘Rights’…
Things are on a ‘roll’ for Alito and his crew on the court…..
The Supreme Court ruled on Thursday that police officers may not be sued under a federal civil rights law for failing to administer the familiar warning required by the court’s 1966 decision in Miranda v. Arizona. The vote was 6 to 3, with the justices dividing along ideological lines…
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The case on Miranda warnings illustrated the contested status of the decision. Writing for the majority, Justice Samuel A. Alito Jr. said the ruling had announced something less than a constitutional right….
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Justice Alito wrote that the remedy for a violation of the Miranda decision was exclusion of defendants’ statements at their criminal trials. The decision, he wrote, had not established the sort of constitutional right that could be vindicated by a lawsuit under Section 1983.
Justice Alito acknowledged that Miranda rights had constitutional roots. But he wrote that “a violation of Miranda does not necessarily constitute a violation of the Constitution.”…
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“Miranda rests on a pragmatic judgment about what is needed to stop the violation at trial of the Fifth Amendment right against compelled self-incrimination,” Justice Alito wrote. “That prophylactic purpose is served by the suppression at trial of statements obtained in violation of Miranda.”
He added: “Allowing the victim of a Miranda violation to sue a police officer for damages under Section 1983 would have little additional deterrent value, and permitting such claims would cause many problems.”
Chief Justice Roberts and Justices Kavanaugh, Clarence Thomas, Neil M. Gorsuch and Amy Coney Barrett joined the majority opinion.
In dissent, Justice Elena Kagan wrote that the Supreme Court had repeatedly and emphatically said Miranda had established a constitutional right. That meant, she wrote, that officials violating it must be subject to lawsuits under Section 1983.
“Today,” she wrote, “the court strips individuals of the ability to seek a remedy for violations of the right recognized in Miranda. The majority observes that defendants may still seek ‘the suppression at trial of statements obtained’ in violation of Miranda’s procedures.”…