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In reply to the discussion: Hey GOP, the party of personal responsibility: we'd rather blame Nader than hold you accountable [View all]AnotherMcIntosh
(11,064 posts)33. Elana Kagan is one of the best Obama nominations - IF YOU FAVOR ELIMINATING THE MIRANDA RULE
For some background, see
"Elena Kagan and the Death of Miranda
"On June 1, (2010) the U.S. Supreme Court finally dealt Miranda a death blow. Elena Kagan, Obama's nominee for the Supreme Court, was complicit in Miranda's demise. Her participation may give some insight into her views on the rights of criminal defendants, and her understanding of how the law affects ordinary people.
"In Berghuis v. Thompkins, the decision announced today, the Court ruled 5-4 that a suspect has to speak in order to assert the right to remain silent. Van Chester Thompkins was given his Miranda warnings and remained quiet for almost 3 hours. During that time, officers continued the interrogation and Thompkins eventually made an admission. A federal court found that he had asserted his right to remain silent by actually remaining silent, and that officers should have ended the questioning. The Supreme Court reversed.
...
http://www.huffingtonpost.com/charles-weisselberg/elena-kagan-and-the-death_b_596447.html
"On June 1, (2010) the U.S. Supreme Court finally dealt Miranda a death blow. Elena Kagan, Obama's nominee for the Supreme Court, was complicit in Miranda's demise. Her participation may give some insight into her views on the rights of criminal defendants, and her understanding of how the law affects ordinary people.
"In Berghuis v. Thompkins, the decision announced today, the Court ruled 5-4 that a suspect has to speak in order to assert the right to remain silent. Van Chester Thompkins was given his Miranda warnings and remained quiet for almost 3 hours. During that time, officers continued the interrogation and Thompkins eventually made an admission. A federal court found that he had asserted his right to remain silent by actually remaining silent, and that officers should have ended the questioning. The Supreme Court reversed.
...
http://www.huffingtonpost.com/charles-weisselberg/elena-kagan-and-the-death_b_596447.html
"Elena Kagan Votes With Alito and Thomas To Undermine Miranda
"When Elena Kagan was nominated, there were very few of us voicing strenuous objection, one of the primary reasons I did was her complete lack of experience in the adversarial system, especially with her total lack of knowledge and interest in criminal process issues, which would be critical in the face of the Obama DOJs determination to further gut Miranda.
"The feared Kagan chickens have come home to roost. The Supreme Court just announced its decision in Howes v. Fields, and the decision is a significant further erosion of the critical Constitutional protections embodied in Miranda. The ruling specifically holds that police are not automatically required to tell prisoners of their legal right to remain silent and have an attorney present when being questioned in prison about another crime.
...
http://www.emptywheel.net/2012/02/21/elena-kagan-votes-with-alito-and-thomas-to-undermine-miranda/
"When Elena Kagan was nominated, there were very few of us voicing strenuous objection, one of the primary reasons I did was her complete lack of experience in the adversarial system, especially with her total lack of knowledge and interest in criminal process issues, which would be critical in the face of the Obama DOJs determination to further gut Miranda.
"The feared Kagan chickens have come home to roost. The Supreme Court just announced its decision in Howes v. Fields, and the decision is a significant further erosion of the critical Constitutional protections embodied in Miranda. The ruling specifically holds that police are not automatically required to tell prisoners of their legal right to remain silent and have an attorney present when being questioned in prison about another crime.
...
http://www.emptywheel.net/2012/02/21/elena-kagan-votes-with-alito-and-thomas-to-undermine-miranda/
So, is/was the Miranda rule too liberal for you?
If so, Obama (who knew Kagan's view on Miranda before nominating her), made the best anti-Miranda nomination that he could.
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Hey GOP, the party of personal responsibility: we'd rather blame Nader than hold you accountable [View all]
noiretextatique
Jun 2013
OP
they'd rather ignore al gore's crummy campaign or the fact he actually won and gave up nt
msongs
Jun 2013
#6
I am going to take up the cause of George HW Bush: If it weren't for Ross Perot and his 19% of the
byeya
Jun 2013
#12
actully there is literally no evidence that Perot cost Bush any state outside of NJ
dsc
Jun 2013
#32
The fact is Nader cost Gore votes. Yes Nader had the right to run and I will defend that, but...
hrmjustin
Jun 2013
#22
"How about we try winning back the House instead of arguing about Nader or promoting 3rd parties"
great white snark
Jun 2013
#27
Elana Kagan is one of the best Obama nominations - IF YOU FAVOR ELIMINATING THE MIRANDA RULE
AnotherMcIntosh
Jun 2013
#33