The Supreme Sounds of Silence – SCOTUS Week in Review
It’s been a rough week for criminal defendants at the Supreme Court. You have a right to remain silent – unless you remain silent. A fame-hungry juror is still an “impartial” one. And an alibi + credible other suspect ≠ innocence. For all intents and purposes, the Supreme Court hasn’t just swung right, it’s been sipping slugging tea. June is always an interesting month in the Halls of Supreme Justice, but usually they throw a bone out to criminal defendants.
I’m not surprised by the results in the case of the juror fame-monger who probably has Lady Gaga lyrics tattooed on her head. Likewise for the innocence appeal. No DNA, no service. And even then you’re likely to get the burnt bottom sludge from the coffee pot. But saying that the right to remain silent is waived if a suspect in fact remains silent? I know some preschoolers who can appreciate the disconnect in that decision.
It’s weeks like this that make me miss Scalia’s decision in Melendez-Diaz. Kagan isn’t going to change the game much, unless she tips the balance toward a 6-3 court. Maybe they’ll legitimize oil spills next.
oil spills should be controlled as soon as possible to prevent environmental damage’`”
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