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Stop Projecting

CNN reports on the latest Supreme Court finding: Teen strip-searched in school wins partial victory

The justices concluded that the search was unreasonable but that individual school administrators could not be sued.

The Supreme Court found little agreement on key issues. Justices John Paul Stevens and Ruth Bader Ginsburg agreed that the search was illegal but would have also made individual officials liable for damages by Redding.

“Wilson’s treatment of Redding was abusive, and it was not reasonable for him to believe that the law permitted it,” said Ginsburg, who was especially forceful oral arguments in April criticizing the school’s actions.

But Justice Clarence Thomas took the opposite view: that administrators deserved immunity but that the search was permissible.

“Preservation of order, discipline and safety in public schools is simply not the domain of the Constitution,” he said. “And, common sense is not a judicial monopoly or a constitutional imperative.”

Mr. Justice Thomas, what part of “Constitution of the United States”, I assure you it says that in the preamble of the document, can be interpreted as “except schools”. Everything that involves government in the United States is in the domain of the Constitution. In some cases the Constitution tells government to not do something, like conduct unreasonable searches, and in other cases it is told it must do something, conduct a census, but it is the domain of the Constitution.

I do agree that you are a prime example of your second point on common sense.


1 Steve Bates { 06.25.09 at 2:09 pm }

Once again, I note that the attorneys suing on behalf of the girl work for the ACLU. It’s an unpleasant job, especially with this Court, but somebody’s gotta do it… most often the ACLU, and seldom anyone else. If you love the Constitution, if you believe in civil liberties and civil rights, toss a few dollars to the aforementioned org.

Mr. Justice Thomas goes home at night and fantasizes that he is Mr. Justice Scalia. Thomas is unaware that he lacks both the intellect and the cojones to be the successful scofflaw that Scalia is. Thomas is also unaware that groups of second-year law students, liberal and conservative alike, African Americans included, laugh at him for the weakness of his opinions. How do I know? I’ve been present when they did so. Any time I think my life is tough, or my skills insufficient to the tasks I face, I think of Mr. Justice Thomas…

2 Bryan { 06.25.09 at 5:14 pm }

After all of his years on the Court you would think that he would have learned something about his job and the law. Since there is no evidence that he is of below normal intelligence, and indicators of the the opposite, you have to conclude that the displayed ignorance is willful – he has no intention of becoming a competent jurist.

Yes, the ACLU is the only way most of these cases can ever reach the courts, because the system is heavily weighted towards the wealthy and powerful. This is one of the basic fallacies of the proponents of tort reform – that there are too many cases. It ignores the reality that very few of those injured can afford to seek relief from those who have caused the injury.