You still have the right to remain silent

But now you can't enforce it unless and until you violate it.

File under: Legal reasoning.

Judge Sonia Sotomayor: Court of appeals is where policy is made. And I know, and I know this is on tape and I should never say that 'cause we don't make law, I know [laughter]. Um, okay ... I know. I know. I'm not promoting it and and I'm not advocating it, I'm ... y'know [laughter].

Hey, remember how Sonia Sotomayor was raked over the coals by conservatives for articulating those blinding glimpses of the obvious? Think they'll point to Scalia & Friends' majority decision this morning in Berghuis v. Thompson and say, "Wow! Sotomayor was spot on!"

Yeah me neither.