Latest Case: Idaho v. Kent (Constitutional Law)

How to Prevent Republican State Legislatures from Stealing the Election

AUSTIN SARAT, DANIEL B. EDELMAN

Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman explain the important role of Democratic governors in preventing Republican state legislatures from stealing the election. Sarat and Edelman describe a “nightmare scenario” in which Republican legislatures may try to strip the electoral votes of Pennsylvania, Wisconsin, Michigan, Georgia, Arizona, and Nevada, leaving Biden with 232 electoral votes compared to Trump’s 306. The authors call upon the governors of those states to defend the integrity of their states’ election results, insist that there have been no “election failures,” and, if necessary, submit to Congress their own elector lists.

Read More

Idaho v. Kent

Docket: 47163

Opinion Date: November 10, 2020

Judge: Stegner

Areas of Law: Constitutional Law, Criminal Law

The State appealed the district court’s order granting James Kent’s motion to suppress statements he made during a non-custodial interrogation. During this interrogation, the officer began reading Kent his Miranda rights, at which point Kent interrupted the officer and told him he would not answer any questions. The officer continued to read Kent his rights and, after completing the warnings, asked Kent if he was willing to speak with him. Kent said that he would, and eventually made incriminating statements. The district court suppressed the statements. The district court found that Kent was not in custody at the time, but nevertheless held: “Where Miranda warnings are read to an individual unnecessarily and the defendant invokes the right to remain silent, an officer may not ignore that invocation.” The State argued the district court erred by extending Miranda’s application to a non-custodial interrogation. In response, Kent contended that because he had a constitutional right to remain silent regardless of whether he was afforded Miranda warnings and irrespective of whether he was in custody, the district court did not err in suppressing his statements as having been obtained in violation of his right to remain silent. The Idaho Supreme Court determined the Kent made his statements voluntarily, therefore, the district court erred in suppressing the statements. Judgment was reversed and the matter remanded for further proceedings.