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

handle is hein.journals/callro13 and id is 1 raw text is: 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

1

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.

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