You Have the Right to Remain Silent

The Supreme Court has reaffirmed the Miranda decision. According to this decision, the police -- and the courts -- may not assume that you know you your rights; the police are still required to inform you of your rights when arresting you.

The Supremes, while refusing to say how they would have ruled on the original Miranda case, did say that Congress can't overrule the Miranda decision:

(a) Miranda, being a constitutional decision of this Court, may not be in effect overruled by an Act of Congress.
...
(b) This Court declines to overrule Miranda. Whether or not this Court would agree with Miranda?s reasoning and its rule in the first instance, stare decisis weighs heavily against overruling it now.

It's interesting to note, and perhaps very lucky for all of us, that the court didn't need to rule on the validity of Miranda, or of 18 U.S.C. § 3501, which Congress passed in the wake of Miranda. Today's conservative court would most likely have voted against Miranda.

Predictably, conservative Justices Scalia and Thomas dissented, with Scalia writing something unintelligible about Egyptian ruins:

Today's judgment converts Miranda from a milestone of judicial overreaching into the very Cheops Pyramid (or perhaps the Sphinx would be a better analogue) of judicial arrogance. In imposing its Court-made code upon the States, the original opinion at least asserted that it was demanded by the Constitution. Today's decision does not pretend that it is-and yet still asserts the right to impose it against the will of the people's representatives in Congress. Far from believing that stare decisis compels this result, I believe we cannot allow to remain on the books even a celebrated decision-especially a celebrated decision-that has come to stand for the proposition that the Supreme Court has power to impose extraconstitutional constraints upon Congress and the States. This is not the system that was established by the Framers, or that would be established by any sane supporter of government by the people.

Prick.