Quote:
Originally posted by Mmmm, Burger (C.J.)
How would overruling Miranda cause riots or anything close? It would be quite possible to overrule most of it, while keeping some test to ensure that confessions have not been coerced, and still retain all of its prophylactic goodness.
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Overturning Miranda would not cause riots. I was not clear on my point. I don't think overturning Miranda would be that big of a deal. But the court thought it was such a big deal that even though justices wouldn't have voted for it the first, it was so much part of the culture that they voted to keep it. If they didn't want to overturn Miranda because they thought it was too ingrained in the culture and because the negative impact would be too great they are never going to overturn Roe. That was my point.
Like I said, I wish they had overturned Miranda. But if they are to scared to overturn a precedent when the practical effect would not be all that great they are never going to overturn Roe.
