Here is a link to the recently filed NIMJ amicus brief in the SCOTUS case of Miranda v. United States, 11-1237.  The argument addresses the jurisdicitonal isuse that the Solicitor General will likely raise if it replies, that the Supremes have no jurisdiction to grant cert. on this issue because CAAF didn’t grant review of the issues raised in the cert. petition.  As OP-TFL has opined before, here, that since at least October 2006, the office of the Solicitor General has argued that 28 U.S.C. § 1259 and Article 67a of the UCMJ limit the Supremes’ jurisdiction to the particular issues that CAAF grants; the SG has argued that the Supremes’ cert jurisdiction doesn’t extend to other issues in the case that CAAF didn’t choose to review.

The facts of the Miranda case and prior history (it was summarily affirmed at CAAF, here) are available here.

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