1. Should the Court revisit Birchfield v. North Dakota, __U.S._ , 195 L.Ed.2d 560 (U.S. 2016) to resolve a split in the States: does the Fourth Amendment permit statutory "implied consent' to act as actual consent when the person is unconscious and physically unable to furnish a less intrusive breath test, or is a search warrant, exception, or actual consent required for search and seizure for a blood draw from an unconscious person?

Should the Court revisit Birchfield v. North Dakota to resolve a split in the States: does the Fourth Amendment permit statutory 'implied consent' to act as actual consent when the person is unconscious and physically unable to furnish a less intrusive breath test, or is a search warrant, exception, or actual consent required for search and seizure for a blood draw from an unconscious person?