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This ruling is hardly surprising. I was surprised at the close vote. An accused has always had to affirmatively assert his right to an attorney or to represent himself.
The term "Miranda rights" is a misnomer. The 6th Amendment right to an attorney and the 5th Amendment right to remain silent are trial rights. Historically, the right against self-incrimination only applied to the trial. The right to an attorney attached only when formal legal proceedings began. The court used Miranda and other cases only to aid the trial right against self-incrimination and to representation. They are one of the marks of an "activist" court.
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