Overview

• The Supreme Court declined to hear Franklin v. New York, leaving the lower court's decision in place.
• Justice Alito criticized the 2004 Crawford v. Washington decision for failing to provide consistent and predictable outcomes in Confrontation Clause cases.
• Justice Gorsuch questioned the 'primary-purpose' test used in such cases, arguing it lacks grounding in the Sixth Amendment's text and original meaning.
• Both justices suggested that the Confrontation Clause framework may need to be reconsidered in a future case to address its instability and historical accuracy.
• Alito and Gorsuch emphasized the importance of insights from lower courts and careful judicial deliberation before revisiting the precedent.