In this episode we re-argue the Supreme Court case Berghuis v. Thompkins.

A man is arrested, informed of his rights, and interrogated. But for two hours and 45 minutes of questioning, he is mostly silent. At trial he argued that he was exercising his right to silence under Miranda v. Arizona, and police should have stopped the interrogation. The Appeals Court thought so, too.

The question before the court: was the Appeals Court correct in its interpretation of the right to remain silent?

---

For complete episode information, check out our episode guide on our website at https://relitigated.com/2025/07/29/15-berghuis-v-thompkins/.

In this episode we re-argue the Supreme Court case North Carolina v. Butler.

A man is arrested by the FBI, who gave him both a verbal and written notification of his rights. WB refused to sign a form indicating that he wished to waive his rights. Statements to the agents were included in evidence against him at trial. He was convicted, the North Carolina Supreme Court overturned the conviction, and the State cried foul.

The question before the court: can a suspect’s statements be used against him if he did not explicitly say he was waiving his Miranda rights?

---

For complete episode information, check out our episode guide on our website at https://relitigated.com/2025/07/23/14-north-carolina-v-butler.

In this episode, we speak with Dr. Paul Lombardo, Regents’ Professor and Bobby Lee Cook Professor of Law at Georgia State University. He is a historian and legal scholar who has written on eugenics, medical ethics, and Buck v. Bell. He tells us about Carrie Buck, those at the Virginia Colony who drove her case to the Supreme Court, and the impact of the Court’s decision.

---

For more information about Dr. Lombardo's book Three Generations, No Imbeciles, visit https://www.press.jhu.edu/books/title/12262/three-generations-no-imbeciles.

---

For complete episode information, check out our episode guide on our website at https://relitigated.com/2025/07/16/13-reflections-on-buck-v-bell-an-interview-with-dr-paul-lombardo.