Is Roe the New Miranda?
10 Pages Posted: 27 Apr 2022 Last revised: 2 May 2022
Date Written: April 12, 2022
Roe v. Wade and Miranda v. Arizona are among the most notable decisions handed down by the Supreme Court. Issued less than a decade apart, these two opinions are widely recognized as being foundational to our legal system.
This year, Roe finds itself in the legal crosshairs. Two cases, Whole Woman’s Health v. Jackson and Dobbs v. Jackson Woman’s Health Organization, seek to significantly curtail the right to abortion or to overturn Roe outright. For those wondering what might happen to Roe, examining the fate of Miranda is a fitting place to start. That is because, eighteen years ago, Miranda—much like Roe today—was subject to a significant challenge in two cases that were also concurrently before the Court, Missouri v. Seibert and United States v. Patane.
The Court’s resulting decisions in Seibert and Patane, how the press and public reacted to those decisions, and Miranda’s aftermath may foreshadow the future of Roe and the battle for reproductive rights, both this year and beyond.
Keywords: reproductive rights, criminal procedure, Supreme Court
JEL Classification: K10, K14
Suggested Citation: Suggested Citation