#Vega v. Tekoh | Explore Tumblr Posts and Blogs

dontmeantobepoliticalbut · 2 years

Text

A group of House Democrats called for legislation on Monday that would add four seats to the Supreme Court, lamenting a “ultra right-wing” branch that just overturned the Roe v. Wade decision on abortion rights.

The eight lawmakers cited recent Supreme Court decisions that rolled back Miranda rights, threw out a New York gun control law and allowed religion to surface in schools — as well as the Dobbs v. Jackson Women’s Health decision that overturned the right to abortion in Roe — in saying there was a need to add new Justices to the Court.

Rep. Hank Johnson (D-Ga.), the lead sponsor of the 2021 Judiciary Act, called the current makeup “a Supreme Court at crisis with itself and with our democracy” where “basic freedoms are under assault” from the 6-3 conservative supermajority on the bench.

The Supreme Court isn’t susceptible to the popular vote the way Congress is, Johnson said, and it has used that fact to amass power. “It’s making decisions that usurp the power of the legislative and executive branches,” he said.

Facing Republican opposition and some Democratic skepticism, the bill has little chance of becoming law, but it illustrates the deep anger among Progressive Democrats about the Court's direction under three conservative Justices nominated by former-President Trump: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Those three Justices have radically altered the direction of the Court, which now has twice as many conservative Justices as liberal ones. Kavanaugh replaced Justice Anthony Kennedy, a previous swing vote who had been nominated to the court by a Republican, while Barrett replaced liberal Justice Ruth Bader Ginsburg.

Adding to Democratic anger, a GOP Senate blocked former-President Obama’s last nominee to the court, Merrick Garland, who is now the Attorney General. Gorsuch ended up being nominated to the court in place of Garland.

Introduced last year, the Judiciary Act has not progressed in Congress.

Some Democrats wary of the proposal are concerned that expansion would open the court up for Republicans to push more of their nominees into the openings.

“The nightmare scenario of GOP court-packing is already upon us,” said Rep. Mondaire Jones (D-N.Y.). “That’s how they got this far-right 6-3 majority in the first place.”

Lawmakers at Monday’s press conference, hosted by the Take Back the Court Action Fund, blamed Trump and the conservative legal movement for enabling a partisan court.

Republican politicians made controlling the judicial branch part of their platform, said Rep. Mark Takano (D-Calif.), adding that the court has “gone rogue” and “become a radical institution.”

The lawmakers also emphasized that the longevity of the lifelong terms the sitting Justices are now serving makes action to expand the court more urgent.

Of 72-year-old conservative Justice Samuel Alito, Johnson said, “You can see the gleam in his eye as he thinks about what he wants to do to decimate the rights of people and put us back in the Dark Ages.”

Trump-nominated Gorsuch, Barrett and Kavanaugh, in their 50s, are “gonna be there for a while,” Johnson said.

Congress has changed the number of seats on the nation’s highest court seven times in the nation’s history. The new proposal would bring the total seat count to 13, meaning a decision from the court would need a 7-6 majority rather than the present 5-4.

Reps. Andy Levin (D-Mich.), Jan Schakowsky (D-Ill.), Bonnie Watson Coleman (D-N.J.), Rashida Tlaib (D-Mich.) and Sheila Jackson Lee (D-Texas) were also at the conference, along with Sen. Ed Markey (D-Mass.), who sponsored the bill in the Senate, and a handful of progressive activists.

71 notes · View notes

vespertinecat · 2 years

Text

These Christo-fascist folks in power taking away our rights and gradually sending us back centuries towards a darker era really don't seem to remember what people used to do when they were upset with their leaders back then, do they?

9 notes · View notes

zmyaro · 2 years

Text

Re. Conservative Voters And The Recent SCOTUS Decisions

(I originally wrote this for Facebook, since that is where the most conservative people I know are, but it is easy enough to x-post elsewhere.)

Since some folks missed some of these, reiterating that the Supreme Court just said:

Police cannot be sued for failing to read you your rights.

States are required to fund private religious schools.

Public school employees may lead students in prayer during school events.

States cannot require people to show “proper cause” to get a concealed carry gun permit.

States may ban abortion.

They should reconsider the rulings that currently protect contraception, same-sex sex, and same-sex marriage.

All of this is consistent with what the Republican party on the whole has supported for years (Donald Trump explicitly said while campaigning he would nominate anti-abortion, pro-gun Supreme Court Justices, for instance), so yes, if you supported politicians with these positions, you supported this happening.

I do recognize politics are imperfect, and sometimes you get stuck supporting a candidate with some positions you support and some you do not (see: me voting for Joe Biden and Hillary Clinton in the 2020 and 2016 general elections). You still need to own that you decided xe was the best option despite xer worst positions.

And to be clear, if you have exercised those rights yourself but still supported those politicians, you still supported this happening. Me having sex with a same-sex significant other would not somehow make it OK to support denying that right to others. Me marrying a same-sex SO would not somehow make it OK to support denying that right to others. My SO (or me, when it is finally available) using contraception would not somehow make it OK to support denying that right to others. My SO having an abortion would not somehow make it OK to support denying that right to others.

If you did support politicians who promised these things, but you have since had a change of heart, I am glad you changed your mind, but it is on you to let people know what you now believe if you want them to treat you differently based on that, and more importantly, it is on you to undo the harm you have supported in the past.

For myself, I try to keep a consistent set of personal values, and I am certainly open to having it pointed out (in good faith) where a contradiction needs to be reconciled, or where I am falling short. For the Facebook audience this was originally written for, my political views have been in my profile for quite some time, so hopefully none of this comes as a shock.

#Supreme Court #SCOTUS #Republicans #Conservatives #Vent #But a vent with some direction and editing!#Also unsubtly in response to certain members of my extended family #Dobbs v. Jackson #Dobbs v. Jackson Women's Health Organization #New York State Rifle & Pistol Association v. Bruen #New York State Rifle & Pistol Association Inc v. Bruen #Vega v. Tekoh #Roe v. Wade #Planned Parenthood v. Casey #Griswold v. Connecticut #Lawrence v. Texas #Obergefell v. Hodges

0 notes

cloudsonclouds · 2 years

Text

For anyone who needs to hear it: you still can and SHOULD invoke your Miranda Rights; the Miranda Warning should still be read to you even if you can't sue if they're not.

PLEASE, if you're ever in such a situation, demand a lawyer and DO NOT talk to the cops.

#scotus #USA #miranda rights #Miranda v. Arizona #Vega v. Tekoh #fuck the police

1 note · View note

foxsicle · 2 years

Text

Just in case you guys are unclear on what happened yesterday (June 23rd, 2022) with Vega v. Tekoh (aka the Supreme Court ruling that means you can no longer sue a cop for not reading you your Miranda rights), here's what occurred in that case and what it means for us:

[T]he court backtracked substantially on its Miranda promise. In Vega, the court held 6-3 (over an excellent dissent by Justice Elena Kagan) that an individual who is denied Miranda warnings and whose compelled statements are introduced against them in a criminal trial cannot sue the police officer who violated their rights, even where a criminal jury finds them not guilty of any crime. By denying people whose rights are violated the ability to seek redress under our country’s most important civil rights statute, the court has further widened the gap between the guarantees found in the Bill of Rights and the people’s ability to hold government officials accountable for violating them.

Last April, the ACLU and the Cato Institute filed an amicus brief in support of Terence Tekoh, who had been subjected to an illegal interrogation. At trial, Tekoh testified that he was simply doing his job as a Certified Nursing Assistant when Carlos Vega, a Los Angeles County Sheriff’s Deputy, isolated him in a small, windowless room and refused others’ entry. Vega then proceeded to interrogate Tekoh, alleging that he had molested a patient while transporting her. Vega threatened Tekoh with violence, flashing his gun. He threatened Tekoh, an immigrant, that he and his family members would face deportation to the country they had fled in fear of persecution, and called him a racial slur. Again, according to Tekoh, Vega would not permit him to leave the room, and ignored Tekoh’s pleas to see a lawyer or talk to his coworkers and supervisors. (source)

In other words, the cops are still technically obligated to read you those rights, but if they don't — and obtain valuable evidence against you in the process — there is nothing you can legally do to prosecute them anymore. In essence, don't talk to cops. No matter what they say to you. They lie. And this is important to acknowledge now more than ever, especially in light of today's decision regarding the overturn of Roe v. Wade (1973). Stay safe, everyone.

#a post on here made me look into yesterday's decision more and yeah #fascism is accelerating at an alarming rate right now #roe v wade #supreme court #writing this up was a bit therapeutic but like. damn. the rage! mixed with dread and apathy #dystopia #history #current events #law #abortion rights #abortion #miranda rights #vega v tekoh

62 notes · View notes

memecucker · 2 years

Text

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.

2K notes · View notes

bambi-lesbian-posts · 2 years

Text

Just so everyone gets the lay-down of some of the bigger points of the Supreme Court decisions and rights at risk after Roe v Wade was overturned:

Justice Clarence Thomas expressed his desire to go after Obergefell v Hodges (the case that federally legalized gay marriage)

Griswold v Connecticut is also being considered (the federal right to obtain contraception)

Lawrence v Texas (allows consenting adults the right to engage in whatever sexual acts they wish within private courters, i.e. their own bedroom)

Slightly biased source from CNBC:

A significantly unbiased source from what I can find, by Politico:

Miranda Rights or Vega v Tekoh is overturned, meaning it is no longer federally required for Miranda rights to be read to detained individuals. Therefore, any detained person cannot sue for damages against law enforcement/the court for being unaware of their rights and protections.

Slightly biased source from CNN:

The 100 Mile Border is also changed, meaning those who live 100 miles away from the country's border as well as international airports no longer have 4th amendment rights (i.e. it affects your abilities to sue for damages if you are a victim of a warrantless search.)

An unbiased (from what I can tell) and objective breakdown source by ACLU:

Senator John Cornyn of Texas tweeted about how Brown v Board (the case that established segregated schools are unconstitutional regardless if the school and education qualities were the same) should be overturned, and Plessy v Ferguson (case that brought forth the saying "separate but equal" in regards to segregation, meaning segregation was constitutional if poc were given the same quality facilities and education) should be reviewed.

Biased source from SALON which i am using simply because it has links and screenshots of his tweet:

#it is important that i outline the sources that are written with bias #regardless of whether i agree/have those biases myself #because reading biased material affects your thoughts and opinions #make sure you understand political material outside of bias as much as you can manage #ESPECIALLY when reviewing laws and regulations #because biased news articles and videos can leave out important information or use misleading language #roe v wade #information #america

630 notes · View notes

mariacallous · 2 years

Text

It's Vega v. Tekoh now - this is the Miranda case.

ALITO , J., delivered the opinion of the Court, in which ROBERTS , C. J.,and THOMAS , GORSUCH, KAVANAUGH, and BARRETT , JJ., joined. KAGAN, J., filed a dissenting opinion, in which BREYER and SOTOMAYOR, JJ., joined.

38 notes · View notes

fushic0re · 2 years

Text

as if things couldn't get any worse, aside from roe v. wade being overruled, vega v. tekoh concluded that failing to mirandize someone does NOT give them to take action against law enforcement for violating their fifth amendment.

in 2022, rather than progressing, we literally wake up and the first thing we do in the morning is check if our rights are still in tact only to find out that they're not and that's fucking scary

#i'm not trigger warning this shit #this is real and you can't escape it idc #some of yall need to realize that politics are deeper than just policies #our lives are literally being fucked with #˚₊· ͟͟͞➳❥ honey txt.

10 notes · View notes

bardicbird · 1 year

Text

personally i will never shut up about how dirty the american courts did us when it comes to miranda laws. sure, let’s establish these important rules that cops have to follow in order to give ppl their fifth amendment rights but uhhh if the cop doesn’t do it you cant even sue them (vega v. tekoh, u.s. supreme court). also if you ask for a lawyer but do it in a vernacular we don’t like we’re not gonna acknowledge it and then claim that your miranda rights weren’t violated bc uhhhh you asked in AAVE, so… sorry bro. (lousiana v. demesme, lousiana supreme court). what the fuck.

#sigh. i guess im making that a tag now.#supreme court #uh what else do i tag #tw racism #us politics

2 notes · View notes

bubblegum-discoqueen · 2 years

Text

I want to make it perfectly clear. Overturning Roe v Wade is not going to “save babies” or whatever the fuck these idiots think is gonna happen. IT IS GOING TO KILL PEOPLE. This ruling will not stop abortions from happening it will only stop SAFE ABORTIONS from happening. AKA BACK TO CLOTHES HANGERS AND BACK ALLEYS WE GO! They aren’t gonna stop there either. Today as part of his opinion on todays ruling, Judge Clarence Thomas made some truly horrifying remarks.

“For that reason, in future cases, we should reconsider ALL of this Courts substantive due process precedents, including Griswold ( protects access to birth control), Lawrence ( decriminalizes gay sex, no more sodomy charge), and Obergefell ( legalized same sex marriage)”

He also later goes on to say “ we have a duty to “ correct the error “ established in those precedents “ ( pg 119, Dobbs v Jackson Womens Health Organization)

Let’s not forget this week the Supreme Court also ….

“ limited the ability to enforce Miranda rights”

This means that: cops can no longer get in trouble for not reading you your Miranda rights. Also you can’t sue them for not reading your rights, even if the evidence is later used against you in a trial. ( see Vega v Tekoh)

Made it much harder to prove ineffective counsel. So basically they can still execute you even if your lawyer fucks up. (See Shinn v Ramirez. )

Forces states to use taxpayer money for/ fund private religious education ( see Carson v makin)

They also ruled that “ the constitution provides the right to carry a gun outside the home” and was issued in response to New York requiring people to get a permit to concealed carry a handgun.

Because this is what we need right now! More concealed weapons, state funded religious education, vastly reduced Miranda rights, making it incredibly hard to prove inassistance of counsel, and let’s not forcing people to carry unwanted pregnancies. While also eying up gay marriage and sexuality, and access to birth control as next on the chopping block.

My fucking dog has more reproductive rights than I do, guns have more rights than me rn.

While I’m at it, if you use any kind of period tracker app, delete it. They’re selling your data and I’m the worst case scenario it could be used against you.

The United States literally has the worst maternal mortality rate in the developed world

4 notes · View notes

newagesispage · 2 years

Text

JULY 2022

THE RIB PAGE

Is Paramount+ bringing season 16 of Criminal Minds to us?? Are Dan Henney and Matthew Gray Gubler the only ending cast members not involved?? I hear that each season will concentrate on a different case to update the format. Will Gub sign on later to be one of the killers they look for? Did Spencer Reid snap after his harrowing ordeals in prison? Has he been too deeply affected by being held hostage and the mental problems of his Mother? Between being forced to take drugs and his own worry about inheriting schizophrenia, there could be a break. Stay Tuned.** BTW, CBS.. Paramount.. As one of the few people that really wants to see the Daytime Emmy’s.. Let me.. And the last category, the big one was cut off for local news? What the fuck?? I suppose I didn’t miss much since Days of our Lives only won for writing. Congrads for that!!

*****

Thank you to the brave souls of the Jan. 6 hearings. Special thanks to Mr. Engel, Mr. Rosen, Mr. Donoghue, Cassidy Hutchinson, Shaye Moss and Ruby Freeman. We have heard proof of the Trump administration’s traitorous behavior. The baby tantrums from the former President of food throwing and secret service abuse is shocking but not surprising, if that makes sense. ** There was ketchup dripping down the walls, there was ketchup coming out of his whatever. -Victor Berger IV

*****

Well, the Supreme Court did it. Roe is no more. They have opened a very messy can of worms. Imagine all the lawsuits to come. Let’s clog up the legal system even more. The religious right seems to love to fight. I guess they want to see us in the streets so they have a good excuse to hurt us, to bitch about us. From what I can see, these people seem to hate children. Imagine being so filled with hate, that you want to force unwanted or sick children into existence to see them suffer. Why do women not deserve the same rights as men??**The Court also struck down a NY law that has been in place for years that helped with gun violence. ** While they were at it, they fucked with the Miranda warning too!! In Vega V Tekoh, they ruled that an individual who is denied Miranda warnings and whose compelled statements are introduced against them in a criminal trial cannot sue the police officer who violated their rights even where a criminal jury finds them not guilty of any crime. ** This whole thing is a great distraction from the Jan. 6 hearings. They always want us to look the other way. I am sure that Clarence Thomas is having a ball right now. He seems to be the devil! ** Let’s not forget that they also fucked with climate change with the EPA and ruled in favor of the coach that brings prayer to school.

*****

Check out the cook book from South Carolina’s Miss Emily, Gullah Geechee home cooking.

*****

It seems that Finland and Sweden will join NATO.

*****

Vince McMahon is stepping down as WWW CEO. His daughter has stepped up.

*****

Carol Burnett is going to be on Better Call Saul!!!! Yeow!!!

*****

Marcus Mumford is going solo.

*****

The Hollywood Walk of Fame will honor Paul Walker, Uma Thurman, Mindy Kaling and the Jonas Brothers.

*****

The Television Critics noms include: Rhea Seehorn, Bob Odenkirk, Jeremy Strong, Better Call Saul and Succession for Drama. Comedy being recognized is Abbott Elementary, Atlanta, Barry, Ghosts, Only Murders in the Building, Bill Hader, Jean Smart, Quinta Brunson, Steve Martin, Janelle James and Reservation Dogs. Variety and talk noms include The Amber Ruffin Show, SNL, I think you should leave with Tim Robinson, Last Week Tonight with John Oliver, A black lady sketch show and Late Night with Seth Meyers. OMG, Amber or Seth??? How does one choose?

*****

San Diego Dr. Jennings Staley pled guilty to attempting to smuggle in a barrel of Hydroxychloroquine powder. He claimed the powder was a miracle cure and will spend 30 days in prison and a year of home confinement.

*****

The FDA, for the first time is jumping into the less nicotine in cigarettes arena.

*****

Now more than ever the people are responsible for the character of their congress. If that body be ignorant, reckless, and corrupt, it is because the people tolerate ignorance, recklessness, and corruption. - James Garfield

*****

Journalist and music publicist Barbara Charone has released Access All Areas: A Backstage pass through 50 years of music and culture.

*****

Hooray for Angeli Gomez, the Mom who rushed in to save her kids from the Texas shooter. I realize we can’t have people running in and out of dangerous situations but when those in charge won’t then what are we to do?? We need more of that!!!

*****

Emma Roberts will join the cast of Madame Web.

*****

Go Camel Rock Studios!!!!! The first Native American owned film and tv studio along with Robert Redford and George R.R. Martin bring us Dark Winds on AMC.

*****

Gen. John Allen has resigned as President of the Brookings institute as the FBI looks into whether he lobbied the Government on behalf of Qatat for the Trump administration.

*****

Todd and Julie Chrisley were found guilty of bank fraud and tax evasion.

*****

The last Howard Johnson closed after the companies 100 years.

*****

Pussy Riot hung a “Matriarchy Now” banner in the Texas State Capitol.** That is the attitude we need. Stop waiting to be offended and stand up for what is right!

*****

The Cheech Marin Center has opened in Riverside, Ca.

*****

Marshawn Lynch has signed with Endeavor and Overtime to stat ‘Level Up’ for athletes.

*****

Will Forte will star in Bodkin, the first dark comedic thriller that is part of the Netflix/ Obama deal.

*****

Days alert: OMG, The Emmy winner Cady McClain is back at a crucial time for Jennifer as she lost her oldest child. UGH!! I get that Melissa Reeves can’t always be there but yikes!!** Heartbroken about Abigail because I sort of think of Chad and Abby as the closest to Tom and Alice because they always get thru shit together. They seem like the lifelong solid couple. But, it is Days and she and the baby they may have just conceived could be alive somewhere as the body double lay there dead!! ** We will miss U Tripp!! Come back soon and bring your siblings back for a visit!!** Leo and Clyde may be up to no good. Nancy won’t like that! Is Clyde keeping his ears open in the Brady pub where everybody talks about their secrets? He could have something on the whole fucking town! Why is Shawn getting so close to Jan? I mean, it’s Jan! And now we know Shawn isn’t the Father. This has proven he isn’t the brightest bulb on the force!!

*****

Adam Sandler, Queen Latifah and Heidi Gardner star in Hustle.

*****

Robert Smigel and a field team from Colbert’s late show were charged with unlawful entry. The crew, doing a bit with Triumph the insult comic dog was found on the 6th floor of a congressional office building near the Capitol. CBS released this statement: “Their interviews at the Capitol were authorized and pre-arranged through congressional aides of the members interviewed. After leaving the members offices on their last interview of the day, the production team started to film stand-ups and other final comedy elements in the halls when they were detained by Capitol police.” Fox news, of course called it ”Insurrection!!” Colbert joked that it was Conan’s fault.

*****

The Suge Knight trial deadlocked on liable and damages for killing Terry Carter with his Ford truck.

*****

A Japanese court ruled same-sex marriage ban is not unconstitutional.

*****

AFI is honoring Julie Andrews with Lifetime Achievement.

*****

Paul Haggis was detained in Italy on sexual assault charges and aggravated personal injury. He was accused of rape in 2018 as well.

*****

Why in the fuck did NBC break in with the Depp/ Heard verdict? Really? That is important enough to break in??

*****

R.I.P. Phillip Baker Hall, Lee Klein, the latest shooting victims, Afghan Earthquake victims, Barry Sussman, Alec John Such, Jim Seals, Paul Vance, Julee Cruise, Ann Turner Cook, Linda Lawson, Marion Barber III, Alan White, Harrison Wagner, Tyler Sanders, Jean-Louis Trintignant, Raymundo Garduno Cruz, Juan Francisco Gonzalez Aguilar, Victor Paganuzzi, Mary Mara, Joyce Burditt and Mark Shields.

3 notes · View notes