ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver by Amy Howe:
Under Wisconsin law, anyone who drives on the state’s roads is assumed to have consented to have his blood tested for alcohol and drugs. The state’s laws also assume that a driver who is unconscious has not withdrawn that consent. Today – in a rare afternoon session – the Supreme Court heard oral argument in a challenge to the constitutionality of the provision allowing a blood test of an unconscious driver without a warrant. After an hour of debate, it wasn’t entirely clear how the justices might rule. But unlike the morning’s argument in the dispute over the decision to add a question about citizenship to the 2020 census, it seemed possible that the court might not divide completely along ideological lines, with Justice Stephen Breyer at times appearing to side with the state.