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Supremes Decide that Remaining Silent is Not Choosing to Remain Silent

Today in Berghuis v. Thompkins, a 5-4 court (of course) watered down the Miranda decision on its way no doubt to making it virtually ineffective.  Justice Anthony “Swing Vote” Kennedy (the most important person in American Jurisprudence right now) wrote the opinion for the Court. The Court for the first time decided two things about […]