Yes, there is hope. I explain why in my Substack entry, here. As a teaser, my first two paragraphs are:
In an earlier entry, “Democracy Dies in Judicial Imperialism,” I noted the similarity between Roe v. Wade and Miranda v. Arizona. In each case, the Court treated the liberal elite’s view of law as if it were part of the Constitution, thus to insulate it from any input from that pesky hoi polloi sometimes known as “voters.”
Roe and Miranda are probably the two most important examples of the sort of obey-your-betters judicial imperialism I was talking about. Roe went down three weeks ago. In this entry, I ask whether it’s time for Miranda to follow it into history’s dustbin. To avoid any suspense, the short answer is yes — indeed it’s past time — but I have my doubts that this is going to happen any time soon, even with a Supreme Court, like this one, that takes the Constitution seriously, both for what it says and what it refrains from saying. I’ll explain momentarily why I think Miranda will be with us for a while despite a more disciplined Court.
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