Few things are more cut and dried than American citizens’ right against self incrimination. …nor shall be compelled in any criminal case to be a witness against himself… At least that used to be correct. In most 5-4 decisions, the Supreme Court is split between the fascist five Injustices of SCROTUS and the four Justices of SCOTUS. Not only did SCROTUS deny the Constitution in this case, but also, four critical cases remain on this year’s calendar.
…The court ruled that a suspect’s failure to answer a police officer’s questions before an arrest may be used against the suspect at trial.
The Supreme Court has long said the Fifth Amendment’s protection against self-incrimination applies after arrest and at trial. But it had never decided, in the words of a 1980 decision, “whether or under what circumstances pre-arrest silence” in the face of questioning by law enforcement personnel is entitled to protection…
…Justice Stephen G. Breyer, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, said allowing “a prosecutor to comment on a defendant’s constitutionally protected silence would put that defendant in an impossible predicament.” Mr. Salinas’s choice, Justice Breyer wrote, was “between incrimination through speech and incrimination through silence.”… [emphasis added]
Inserted from <NY Times>
The four Justices of SCOTUS were absolutely correct. The right against self incrimination is meaningless, if its invocation before arrest can be used in court to imply guilt. But the Fascist Five Injustices goose-stepped against the Constitution to help make this nation a Republican police state. As for what’s next, Chris Hayes covered the remaining four decisions in two segments. In the first, Chris and his panel discussed what’s at stake in the decisions.
I strongly fear that Chris may be correct in his hypothesis that SCROTUS may use gay rights to mask the demise of voting rights and affirmative action. The wrong decision in any of these cases will be tragic, because all are key to America’s freedom. However, the worst decision they could would be to allow their Republican cronies to steal elections by denying minority Americans the right to vote. In Chris’s second segment, he and his panel discussed that.
Chris is correct that the legitimacy of the Supreme Court is at stake, because Republicans have already made it clear that their intent is to use the law to disentrance blacks and Latinos, in addition to seniors, students, labor and poor people. If destroying the Voting Rights Act is the decision, in combination with Citizens United, the Supreme Court will have demonstrated that it is illegitimate.
No Republican may be allowed to infest the White House before the Injustices od SCROTUS have been replaced with Justices.