Sol on the Constitution

And he is right:

The Miranda rule strikes a delicate balance, enabling us to protect a fundamental constitutional right without forcing the courts to allow the legitimacy of every confession to be proven before it is allowed into evidence. To compromise the rule would be counterproductive and destructive to the kind of freedom we enjoy as Americans — a freedom that terrorists would like nothing better than to destroy.

In 1985 when I was working in the Mayor’s office, Chief Judge Wachtler wrote the decision outlawing Spousal Rape in New York State. He impressed me then, and notwithstanding his legal problems, he still does impress me.