Losing at oral argument?


Missouri v. McNeely

Last week, the Supreme Court issued a decision in Missouri v. McNeely. The Court rejected the argument that the police are always entitled to draw blood from a DUI suspect because the blood alcohol level will dissipate while the officer waits for a warrant. The case and its opinions are interesting in their own right, but I was particularly struck by one of Tom Goldstein’s comments on the SCOTUSblog live blog of the opinion hand-down. Tom noted that this case may be an example of losing at oral argument due to “complete absolutism.” Listen for yourself and see what you think.