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Re:Supreme Court Overturns Roe vs. Wade by ajross on Friday June 24, 2022 @01:26PM (#31866142)
> The Roe decision invented a Constitutional right where one did not exist,

So did the ninth amendment, FWIW: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Appelate courts decide on what a "right" is. That's arguably their most important function. Huge, huge chunks of modern constitutional law are based on subjects not enumerated in the constitution. The constitution doesn't speak about miscegenation laws, or miranda rights, etc... Yet those are still "rights" that you'd be awfully horrified to have destroyed, right?

This argument doesn't really work, basically. The argument you're making is, if you really think about it, not what you actually want.

Re:Supreme Court Overturns Roe vs. Wade by alistairSH on Friday June 24, 2022 @01:31PM (#31866226)
miranda rights

I have some bad news for you. SCOTUS blew that one up yesterday. <sad trombone>

Re:Supreme Court Overturns Roe vs. Wade by ajross on Friday June 24, 2022 @01:53PM (#31866582)
No, you still have the right to remain silent. You still have the right to an attorney. They removed (rather, neutered) the notification requirement; the police aren't required to tell you your rights. That's bad, but not remotely as bad as legalizing forced interrogation without representation.
Re:Supreme Court Overturns Roe vs. Wade by alistairSH on Friday June 24, 2022 @01:55PM (#31866609)
Exactly, there is no miranda right (miranda being the notification of your right to remain silent and obtain an attorney).

And there is, as of yesterday, no remedy for violations of your right to remain silent. So, you better hope your lawyer can have anything you say suppressed before trial.

Re:Supreme Court Overturns Roe vs. Wade by jaywalk on Friday June 24, 2022 @02:40PM (#31867419)
> there is, as of yesterday, no remedy for violations of your right to remain silent.

Explain this, please. You still have the right to remain silent, you still have the right to an attorney. The police still have to stop questioning you when you invoke these rights. Literally the only thing that changed was the notification requirement. That's it.

Re:Supreme Court Overturns Roe vs. Wade by alistairSH on Friday June 24, 2022 @02:53PM (#31867642)
Here's a pretty good summary... https://www.aclu.org/news/civil-liberties/supreme-court-reje...

Basically, the Court removed any remedy against state actors who fail to uphold your right to remain silent.

Prior to Vega, if the state ignored your right to remain silent, you could seek redress with the courts.

Post Vega, that right to seek redress no longer exists.

On paper we still have the right. But, we have to no way to hold the state accountable when it fails to uphold that right. Is a right really a right if the state can ignore it with impunity?

Re:Supreme Court Overturns Roe vs. Wade by jaywalk on Friday June 24, 2022 @03:30PM (#31868190)
The right you keep referring to is the right to be notified of your rights. You are blatantly incorrect in continually stating that there is any change at all in your right to remain silent, or remedies against state actors who violate it.

You can still sue a cop who continues questioning you after you have invoked your right to remain silent. Literally nothing about that has changed. The one specific thing that has changed is that you can't sue a cop simply for failing to read you your rights.

That does not impact your right to remain silent, or any remedies available in case of violation of it, in any way.

Re:Supreme Court Overturns Roe vs. Wade by alistairSH on Friday June 24, 2022 @04:49PM (#31869124)
From the parent post: The constitution doesn't speak about ... miranda rights... Yet those are still "rights" that you'd be awfully horrified to have destroyed, right?

And my response: I have some bad news for you. SCOTUS blew that one up yesterday.

There is no longer a right to be Mirandized. That's what I said.

Officer Vega locked Tekoh in a room and threaten him and his family in order to coerce a confession.

That confession was used in the trial.

Are you saying there is some other way to recover damages from Vega? At best, had Tekoh been found guilty, he was looking at years of appeals. He still wouldn't have been able to sue Vega under the current ruling.

As I said above, yes, you still have the right to remain silence. But you no longer have a way to seek redress against a LEO who ignores that right.

Re:Supreme Court Overturns Roe vs. Wade by ameister14 on Friday June 24, 2022 @03:18PM (#31868002)
the state can't use the evidence against you in court, can it?
Re:Supreme Court Overturns Roe vs. Wade by alistairSH on Friday June 24, 2022 @04:21PM (#31868799)
It's up to you/your lawyer to ensure it isn't used. Relying on the judge to do so isn't a great plan.
Re:Supreme Court Overturns Roe vs. Wade by jaywalk on Friday June 24, 2022 @03:34PM (#31868243)
No, it can't. Literally the only thing that changed is that you can't sue a cop for not reading the Miranda warning to you. Your actual Miranda rights are unchanged, and cops still have to read the warning.
Re:Supreme Court Overturns Roe vs. Wade by alistairSH on Friday June 24, 2022 @05:28PM (#31869577)
A coerced confession was used during the trial in question.
Re:Supreme Court Overturns Roe vs. Wade by diordiderot on Friday June 24, 2022 @06:49PM (#31870497)
Now it can