It’s because of arguments of this quality that they found a civil liberties claim that Sam Alito (albeit superfluously) can support:
Matthew Wright, lawyer for the Safford school district, predicted the decision would have a “chilling effect” on administrators responding to threats of drugs.
The War on (Some Classes of People Who Use Some) Drugs being what it is, I’m less optimistic. But let’s hope so!
Then there’s this:
Francisco Negron, lawyer for the National School Boards Association, said the decision could be confusing for school officials, who typically lack formal training in drugs yet would have to consider whether the contraband they seek is dangerous enough to do to a strip search.
Well, here’s an idea — you could err on the side of not performing arbitrary strip searches! I’m also going to guess that administrators’ lack of expertise and training and their inability to correctly assess the dangers of drug use somehow never come up when they’re imposing draconian penalties and performing humiliating searches on students in the name of combating the dangers of drugs…
I’m a bit late to the game on this one. Paul beat me to the punch, and got in the obviously good quip in the process. I blame the time zones. Or the healthy moderate drinking that a good friend and I partook in last night at my house. It was a nice Zin, and also a really nice, proper Chablis, but I digress.
I’m both surprised and not, at once. When I woke and heard the news on BBC 6 Music this morning, I went to my itunes collection to put some Jackson on, out of some sort of sentimental obligation or whatever. Fortunately, over the years, cooler heads have prevailed; out of the 95 gig of music in my itunes collection (other pointless stats: 51.7 straight days of music; I don’t have 51.7 days to listen to music exclusively) there is not a single Michael Jackson song. [UPDATE: There is. I have a very nice Motown box set that I hadn’t imported into itunes for some reason. And I’m kicking myself for missing the obvious temporal link here — the Jackson 5 were signed to Motown in 1968, the same year Elvis realized that he was irrelevant and had his comeback special. 1969 was when the Jackson 5 released their first singles, the same year Elvis recorded what would become parts of the Memphis Record.]
That also sort of surprised me — as, while lapsed in the theological sense, I do maintain a catholic approach to music. I’ll admit to an admiration for the man in terms of his pop sensibilities — he was genius there. But, unlike the King, Jacko never had his return to Memphis moment. Jackson had become utterly irrelevant, and worse, a running joke, but part of me had hoped, in vain, that he would recognize this. Where Elvis had self-awareness, recognized that he had become irrelevant, and even better, did something about it, making perhaps one of the best records ever, Jackson did nothing more than string us along.
I’m very, very happy to be wrong about this one. In a very pleasant surprise, today 8 justices found that the appalling arbitrary strip search of Savana Redding violated the Fourth Amendment. The majority opinion, by Souter, split the baby by finding a constitutional violation but holding that because the law was unclear the administrator who order the illegal search was granted qualified immunity. Ginsburg and Stevens dissented in part, holding that the search was clearly illegal under the controlling precedent, and therefore the administrator should not be immunized:
Here “the nature of the [supposed] infraction,” the slim basis for suspecting Savana Redding, and her “age and sex,” ibid., establish beyond doubt that Assistant Principal Wilson’s order cannot be reconciled with this Court’s opinion in T. L. O. Wilson’s treatment of Redding was abusive and it was not reasonable for him to believe that the law permitted it. I join Justice Stevens in dissenting from the Court’s acceptance of Wilson’s qualified immunity plea, and would affirm the Court of Appeals’ judgment in all respects.
I think this is right — granting that the TLO standard involved substantial discretion, if this serach didn’t violate it, I’m not sure what would, and Ginsburg is right that the principal’s actions wre transparently irresponsible — but given the grim outlook I can live with this outcome. Setting limits on these searches going forward is the most important thing, although it might be preferable to establish clearer disincentives.
Thomas, meanwhile, held to his longstanding opinion that the Constitution for all intents and purposes does not apply in the context of schools. Given that upholding this search would have constituted a de facto endorsement of the Thomas position, I’m glad that the Court finally said that enough is enough.
I had the same thought as Jason Zengerle; inviting Iranian diplomats to the July 4 embassy picnics was potentially an intelligence gathering opportunity. This appears not to be the case, however.
Also, this is the nicest thing that Ann Althouse has ever said about anyone associated with LGM. An attempt at engagement to end the longstanding rift between our two peoples? Or unwelcome interference in LGM affairs?
Nevertheless, Mark Sanford’s out-of-control Father’s Day jaunt to Buenos Aires is particularly ill-timed, not just because of the obvious disrespect to his wife, children, friends, citizens of his state, political party, etc.
At this moment, the eyes of this country should be fixed on the horrific events coming from that company and the struggle for freedom against all odds by many of its brave citizens. They need our support more than anything.
Sadly, I’m quite sure this isn’t a joke. I think this “Mark Sanford’s inability to keep it his pants will obstruct Iranian democracy” theory might be even more implausible than the stuff about Obama and the ice cream. I also suspect that the Iranian opposition can think of a rather large number of things they need more than an adjustment in the news-to-gossip ratio of US cable TV, leaving aside the question of whether it will be Iran or, say, “John and Kate Plus Who the Hell Cares” coverage that gets preempted by Sanford’s desire to, er, “walk the Appalachian trail” with a woman not his wife…
It has been far too long in coming but, yesterday, the Federal Prison Rape Elimination commission released its report on elimination and prevention efforts regarding the biggest social problem nobody wants to talk about: prison rape.
Anyone who looks at the problem can’t react with anything other than horror. According to the Bureau of Justice Statics, over 60,000 prisoners — the great bulk of them male — fall victim to sexual abuse in prison each year. A fair number of these men are “punks” who are subject to frequent, even daily, male-on-male rape for years on end.
The federal report’s conclusions — a zero-tolerance policy, more direct monitoring, and the like — almost are all common sense. State, local, and federal governments should take immediate legislative and administrative action to implement nearly everything in the report. (Most of the practices are already commonplace in the federal and better-run state systems.) Although giving trial lawyers more business rarely makes sense, Congress may also want to reconsider laws that make it very difficult for prisoners to sue prison authorities absent concrete evidence of physical harm. It’s quite possible that many legitimate prison-rape claims get thrown out of court under current laws. And prison rape needs to stop.
These arguments will come from the very people who denied that the economic recovery plan created any jobs. We have a very odd economic philosophy in Washington: It’s called weaponized Keynesianism. It is the view that the government does not create jobs when it funds the building of bridges or important research or retrains workers, but when it builds airplanes that are never going to be used in combat, that is of course economic salvation.
A couple weeks back we had a Preserve Raptor Jobs troll here making the argument, apparently without irony, that the F-22 was economically justifiable because its maintenance and refit costs could potentially stretch fifty or sixty years in the future. In other words, the Raptor is the gift that we keep on paying for.
The second-easiest job in Washington (next to this guy’s) is being a White House correspondent. You show up at press conferences, and ask questions like “Mr. President, are you still smoking?” and “Is the government doing enough about steroid use in baseball?”
You write down the answers, which are then printed in a newspaper.
All this makes you are a high-status journalist, which means you get paid six figures to do a job a chimp could be trained to perform.
And because years of being at the top of your profession have rendered you incapable of doing any actual reporting yourself, you get all your facts wrong.
…UPDATE [by SL]: And then there’s this. Milbank’s obsession with trivia would be a little more palatable if it were less, how do you say, painfully unfunny, or at least if it weren’t more smug than every Pajamas TV host combined.