While all eyes are focused on the recently leaked draft of the Supreme Court opinion on Dobbs v. Jackson Women’s Health Organization, which would end constitutional protections for abortion rights, a lesser-known case looks likely to erode another constitutional precedent—Miranda rights.
This case, Vega v. Tekoh, asks whether a person’s federal constitutional rights are violated if a police officer fails to inform them of their rights to remain silent, to be represented by an attorney, and to be protected against self-incrimination whenever the person is subjected to a custodial interrogation by the police. These warnings, known as Miranda warnings after the 1966 Supreme Court case that first prescribed them, have become critical protections against coercive police interrogations and are routinely recited by officers whenever they make arrests or question suspects in custody.
The Supreme Court now seems poised to reverse its decision in Miranda, which, much like Dobbs, would give states—and, to a significant extent, individual towns—the power to decide an important question of policy: whether police should be legally required to give these warnings.