It should surprise no-one that Chief Justice John Roberts ruled the way he did: this is the man who ruled that it is not unreasonable for a large policeman to take down a child and handcuff her for eating a French Fry on a subway platform.
It should surprise no-one that Chief Justice John Roberts ruled the way he did: this is the man who ruled that it is not unreasonable for a large policeman to take down a child and handcuff her for eating a French Fry on a subway platform.
The Supreme Court, featuring the immortal Clarence Thomas, has just ruled-- 5-4, of course, (Republican Appointees vs. Democratic Appointees), that the police may strip search an individual even if he has only been charged with the most trivial crime. And that is not an exaggeration: the justices were explicit. Overdue speeding ticket? Walking a dog without a leash? Litter? Literally, even the slightest offense.
I am amazed that five adults could conclude that the a strip search is a rather trivial price to pay for procedure of dubious efficacy applied to people who just don't seem likely to be much of a threat to law and order. Again, the justices were explicit: the police don't have have to have any particular reason for believing that a suspect might be in possession of a weapon or other contraband. They can just do it. For fun, if you will.
The internet is a creative conduit for civil discourse: there really ought to be a group created to monitor the Supreme Court justices at all times. It should be coordinated on Facebook or a private website. People can volunteer and take turns following the five justices around, taking pictures and video (which can then be posted to the internet) to make sure they aren't doing anything illegal. These volunteers should absolutely observe the letter of the law. Hoo haw! Make way for the new "reasonable"!
At what point do you think a Justice might complain that he doesn't like being followed or observed or recorded or spied on? What right would they have to complain? It is perfectly reasonable to infringe a little on someone's privacy in order to accomplish a greater good. It is clearly in the interests of the citizens of the United States to make sure that their Supreme Court Justices are not doing anything to besmirch the reputation of the courts.
One of the rationales for this ruling is that the court should not interfere in the practice of law enforcement unless absolutely necessary because that would be "judicial activism". Like repealing legislation enacted by a duly elected congress. Like Obamacare.
Another reason given-- this one is a real gem-- is that any of these people arrested and strip searched might turn out to be Timothy McVeigh or one of the 9/11 hijackers. And.... so, a strip search might have revealed that McVeigh was packing 2 tons of explosive fertilizer? He might have been planning to blow up the prison? A strip search would have stopped him? Or Mohammed Atta might have had a box-cutter hidden under his scrotum? That would surely have tipped authorities off to the plot...
