Julian Sanchez writes:
Does this seem backwards to anyone else? When there’s a disconnect between what most ordinary people actually expect in practice—and it seems like as an almost definitional matter, an expectation actually shared by huge majorities of people has to be regarded as “reasonable” in most circumstances—you’d think one would, by default, lean against the assumption that a constitutional right has been waived. The standard we’ve evolved now seems to make just the opposite assumption.
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