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13 Calif. L. Rev. Online 1 (2022)

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              Is  Roe the New Miranda?


                              Xiao  Wang*


         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.


Introduction ........................................................................................ 2
I. Legal Skepticism, Political Backlash, and Public Approval .................2
II. Incremental Efforts to Undercut Miranda and Roe .........................4
III. Direct Attempts to Overrule Miranda and Roe...............................5
       A . Dickerson and Casey........................................................ 5
       B.  Seibert, Patane, and Berghuis........................................... 6
       C.  W hole W oman's Health and Dobbs.......................................7


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         DOI: https://doi.org/10.15779/Z38445HD2J
         Copyright © 2022 Xiao Wang.
     *   Clinical Assistant Professor and Director of Supreme Court Clinic, Northwestern Pritzker
School of Law. Many thanks to Ivan Parfenoff and Elisabeth Logan for insightful comments.