There was a time when American courts thought the American Consitution defended 13-year old girls against strip searches by overeager school officials. Then George w. Bush stacked his country's highest court with uber-right zealots. The result? Dahlia Lithwick, writing in Slate, says that's all going to change today:
After [yesterday's] argument, it's plain the court will overturn a 9th Circuit Court of Appeals opinion finding a school's decision to strip-search a 13-year-old girl unconstitutional. That the school in question was looking for a prescription pill with the mind-altering force of a pair of Advil—and couldn't be bothered to call the child's mother first—hardly matters.
...even if you were never a 13-year-old girl yourself, if you have a daughter or niece, you might see the humiliation in pulling a middle-school honor student with no history of disciplinary problems out of class, based on an uncorroborated tip that she was handing out prescription ibuprofen. You might think it traumatic that she was forced to strip down to her underclothes and pull her bra and underwear out and shake them in front of two female school employees. No drugs were found. But even those justices lacking a daughter, a niece, or a uterus had access to an amicus brief in this case documenting the fact that student strip searches "can result in serious emotional damage" and that student victims of strip searches "often cannot concentrate in school, and, in many cases, transfer or even drop out." Savana Redding, herself a data point, described the search as "the most humiliating experience" of her life. Then she dropped out of school. And five years later, at age 19, she gets to listen in on oral argument in Porky's 3: The Supreme Court Says "Panties."
...in recent years, the high court has slowly chipped away at the privacy rights of students—frequently based on the rationale that there were drugs!!! Somewhere in America!!! Drugs!!! Creating danger!!! (This led an annoyed Justice Ruth Bader Ginsburg to dissent in a recent case that the court was peddling "nightmarish images of out-of-control flatware, livestock run amok, and colliding tubas" to justify drug tests for any student with a pulse. )
Ah, bless Ruth Bader Ginsburg. With Roberts, Alito, Scalia and Thomas wiping their jackboots on America's consitution at every opportunity, Barack Obama needs to take back the keys to what's become America's Supreme Court clown car.
Post a Comment