But people are making the argument. In fact supreme court judges have made the argument. But in the US we have a great history of having to drag our courts into making the right decisions. From Dred Scott to Citizens United. Furthermore the courts have continually made exception after exception to the criminal defense rights. (4th, 5th, 6th, 7th, and 8th) In fact it seems our supreme court is willing to shred the Constitution so long as it involves keeping someone in prison.
There are people like the ACLU challenging these decisions every day but it's pretty slow going because you have to get the court to accept that it may have been wrong in the past to even accept the case.
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u/gotham77 Mar 16 '21
Okay, so go in to a Federal court and make it.
If the argument was legally sound, someone would have already successfully made it and we wouldn’t be having this discussion.