Monday, December 12, 2011
HOLD STILL, THIS WON'T HURT A BIT.
Hunter shoots deer. No news. Dog shoots hunter. News. Herald has it here.
Dolphins win. News. Dolphins get blown out by Eagles. No news.
Its taken a while, but the chickens hatched by Schmerber v. California, 384 U.S. 757 (1966) are finally coming home to roost.
DUI mavens will tell you that in Schmerber, the US Supreme Court upheld the rights of states to forcibly extract blood from DUI suspects.
Now the WSJ reports that many states, including our own, have adopted or are about to adopt "no refusal" laws that allows the police to hold you down and jam a needle in your arm and extract your blood when you refuse to provide a breath sample in a DUI case.
The Wall Street Journal article states that Texas (Motto: "jus give me mah gun and screw the commie constitution crap") is leading the way.
No doubt Alito and Roberts and Thomas will uphold such a law. They never saw a criminal law they didn't like. But lets see what our friend Scalia does with a 35 year old precedent that puts the government in the vampire business.
How does one discern the original intent of John Adams when it comes to driving impaired?
By the way, on this day next year, we will be dealing with the last of the numerology fads, as it will be 12/12/12. Woo Hoo!
See You In Court.