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June 25, 2009 2:14 PM

Thomas Strips Sense From Search

(CBS)
What kind of world does Justice Clarence Thomas live in? Alone among his colleagues on the Supreme Court, he declared Thursday in dissent in Safford v. Redding that an "abusive" and "humiliating" strip search of a middle school student for prescription Ibuprofen was actually a constitutional exercise by school officials who not only deserved immunity from liability but praise for their zealous dedication to student safety.

Less concerned about a forced and unnecessary intrusion into a young girl's pants and bra than he was about judicial intrusion into school safety policies, Thomas declared that the odious search was legal because administrators could have found what they were looking for. The majority ruling, he wrote, gives "judges sweeping authority to second-guess" school administrators trying to ensure the health and safety of students. His long dissent did not include a single sympathetic remark about the ordeal suffered by the victim in the case.

Fortunately, the other eight Justices on the Court live in the real world, where outrageous conduct by bureaucrats is frowned upon, and so they unsurprisingly agreed that school officials violated the Fourth Amendment in 2003 when they checked (then) 13-year-old Savanna Redding's bra and underwear for pills. "She was told to pull her bra out and to the side and shake it," Justice David H. Souter wrote for the majority, "and to pull out the elastic on her underpants, thus exposing her breasts and pelvic area to some degree. No pills were found." Other students were searched in a similar fashion that day.

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Tags:
Strip Search ,
Redding ,
Safford
Topics:
Supreme Court Decisions

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