In2 Clarence Thomas really is a dickhead

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Only Justice Clarence Thomas dissented. He complained the ruling “grants judges sweeping authority to second guess the measures that these officials take to maintain discipline in their schools and ensure the health and safety of the students in their charge.”

That’s part of what he said as the lone dissenting voice in the Safford v Redding case. Redding being the teenage girl stripped down by school officials in search of ibuprofen.

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13 Comments

  1. wickle says:

    Wow … I hadn’t even looked into who the dissenter was, yet.

    That’s crazy. Judges have always had the authority to protect the rights of individuals against government intrusion, regardless of the excuse used by those in authority. Was Thomas just having a bad day or something?

  2. Alfie says:

    I have to say it really bothers me that it’s the posts when I’m angry and gutter typing are the ones you see. I’m gonna have to post a total puff piece so you can comment on that and I won’t feel guilty. Thanks for stopping by though

  3. Marc says:

    It was Thomas being Thomas I’m afraid.

  4. Alfie says:

    I could’ve linked to your earlier Marc although I actually had a tad bit o’ understanding his dissent then. This time NOT!

  5. wickle says:

    Hmmm … I hadn’t noticed that. I subscribe, so I see all of your posts, but I certainly don’t post on all of them.

    I’ll try to make a point of commenting on some of the more-tame ones.

    Or maybe I’m just more attracted to “gutter typing” than I thought.

    (But not enough to finish off with either of the two jokes that I considered …)

  6. Marc says:

    Wickle,
    He’s from east Mass. If our friend Alfie seems typically enraged on a day-in, day-out, I can’t say that it’s my out of character with the character of the region.

    From my experience anyways.

  7. Marc says:

    wow did i botch that.
    “If our friend alfie seems typically enraged on a day-in, day-out basis, i can’t say it’s out of character with me experience of the region.”

  8. Oy. While I fully understand that judges do not want to second-guess school officials and police officers for every single search that they may perform, and want to give good guidelines to the schools, Thomas went too far. As Eugene Volokh (I think) pointed out, Thomas made it sound as if the Court never engages in any sort of balancing of the intrusiveness of a search with the dangerousness of the alleged crime.

    That, actually, is the very basis of reasonableness; otherwise, probable cause of even the slightest infraction would justify the most intrusive of searches.

    As a pragmatic matter, school officials are unlike police officers in that they should have a special knowledge of their student’s emotional development. Any sane middle-school administrator should know that a strip search would be extremely traumatic for a 13-year-old girl. Also, students need a bit of extra protection, since they are mandated by law to be under the control of these school officials.

  9. wickle says:

    You know, that’s a great point … this is a 13-year-old. A strip search does damage to anyone … especially a young teenager.

    And this was about … what? … ibuprofen? Let’s say, just for the sake of argument, that she had ibuprofen. Was it really worth a strip search? Is ibuprofen really on the same level as crack?

  10. Elric66 says:

    Obama is a dickhead for trying to ram this cap and trade crap down our throats.

    Ohhhh was that too harsh Wickle?
    Alfie says….what the hell is this ?

  11. Elric66 says:

    Oh and Wickle…..where’s your beef with Obama and his demomarxist comrades? You know, the thugs LITERALLY destroying this nation piece by piece.

    I must admit, you do make a great tool for the thug in chief.

  12. Alfie says:

    what are you implying ????? ha

  13. Elric66 says:

    Tha Wickle rants on about talk radio while these demomarxist are hell bent to destroy America with policies like this

    http://republicanleader.house.gov/News/DocumentSingle.aspx?DocumentID=134491

    Of course if he really wants his head to explode, he should listen to Marc Levin. Levin has no qualms about calling out these 5th columnists

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