Insidiously and with the stealth of a slow moving cancer, the five conservatives on the Supreme Court yesterday infected another freedom: our Miranda rights.
A suspect now can't shut up cops interrogating him or her unless he knows enough to tell them that he:
1) wants to remain silent, and
2) wants the presence of an attorney when questioned.
Justice Anthony Kennedy wrote the majority opinion and was joined in the 5-4 decision by Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito.
Our new Justice Sonia Sotomayor, said our rights of protection from police abuse "turns Miranda upside down." She was joined in her dissent by John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer.
good medicine for what ails US.
I'm thinking that both career criminals and white collar thugs with high paid attorneys won't have a problem with this "modification" to Miranda.
It's the underclass, working class, people of color, people who don't understand English well, and the average citizen in the right place at the wrong time - like driving while black - who concern me.
Add in the political dissenters, because when SHTF from converging problems by this fall from the growing economic depression, war expansion, and the Gulf Oil Gusher taking us down further, and I think
Don't get me wrong - I'm all for locking up serious criminals, but it is so incredibly easy to get in trouble with the law even when you haven't done anything or done much, especially the young between 14 and 25 years old. Readers, you know of lots of cases, so spit out your examples if you wish.
But really, what's up with the sickness in the Highest Court of the Land?
Only a few months ago, the Fatal Five gave Constitutional rights of "personhood" to multinational corporations.
This shit is crazy. Those are entities rich beyond our wildest dreams and they never friggin' die. They can bankroll and buy political candidates with unlimited money, whom they're sure will work in their interests.
What I wonder now is will the nominee, Elena Kagan, if appointed, be part of the cure for what ails us, or speed up the disease to freedom? After reading this, you'll see it's practically a rhetorical question.
Highlight from the Huffington Post: "On June 1, 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.
"So what was Kagan's role? As Solicitor General, she filed a brief for the US as a friend of the Court. The US was not a party in the case since [the defendent] had been convicted in state court, and it was the State of Michigan that challenged the lower court's ruling. Kagan did not have to enter the fray and take a position, but she decided to do so...
"Superficially, if Kagan had already replaced Stevens on the Court, the outcome [on Miranda] would not have changed. At most, the decision would have been 6-3 and not 5-4. But Kagan's arguments... show no understanding of modern police interrogation tactics or that suspects -- who are in a position of powerlessness during an interrogation -- may have difficulty asserting their rights or using precise language to do so."
Barack was a Chicago civil rights attorney before he turned into a politician. He did the right thing for We The People when he selected Sotomayor. However, he'll be undoing this good if Kagan goes through. The Supreme Court will then be stacked 6 to 3: six conservatives to three liberals.
Our President, of all people, knows better. Here is Mr. Change himself, with the golden opportunity to stack the court with a 4-5 ratio, but this five being those who will keep us safe from harm by multinationals and bad laws, and he fucks it up.
As a former die-hard Obama lover, I've concluded this was not a "misstep". It's become a pattern of his pandering to immoral and immortal vampiric "corporate personhoods" - ones that are screwing us every minute of every day, from sea to shining sea with the oil-drenched Gulf in between and Alaska getting raped to the north, and profiteering from endless wars.
I hope he reconsiders Kagan after Miranda's murder. I ain't holding my breath, though, and I sit here wondering what other death blows to our freedoms and the planet will occur in the upcoming months and years.