“I’m not talking law, I’m talking practical facts,” Justice Stephen Breyer told Kathryn Keena, a Minnesota county attorney, about two-thirds of the way through today’s seventy-one-minute oral argument in Birchfield v. North Dakota.  The issue before the Court was, of course, a legal one:  can a state, without a warrant, make it a crime for … Continue reading Argument analysis: Criminal penalties for refusal to take a Breathalyzer test in jeopardy?