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The Wit and Wisdom of Anthony M. Kennedy


Some radical Trotskyites on the Kentucky Supreme Court decided to ignore the new, annotated Federalist Society version of the Constitution, which includes the crucial provision “please disregard all previous clauses if the War (on Some Classes of People Who Use Some) Drugs is involved,” resulting in oral arguments at the Supreme Court earlier this week. The case involves a warrantless search undertaken because police searching for another offender believed they smelled drugs being consumed behind another door. Dahlia Lithwick’s report suggests a strong likelihood that the Supreme Court will use the Federalist Society version and are therefore “poised to eviscerate the warrant requirement in a broad class of “exigent” situations.” Depressing, although far from surprising. The whole thing is worth reading, but I especially liked this passage about some, ah, method acting from Kennedy:

Here’s Chief Justice John Roberts, for example, describing the average jailbreak: “I assume the ordinary prison escape is—I don’t know—over the wall, under the tunnel, or, you know, while the guard’s looking a different way.” Justice Anthony Kennedy wonders aloud: “This may be a bit rudimentary, but can you tell me why isn’t the evidence always being destroyed when the marijuana is being smoked? Isn’t it being burnt up?” And then Justice Antonin Scalia expounds on the need for zealous police enforcement powers, up to and including the right to search your home without a warrant, because, as he explains, “there are a lot of constraints on law enforcement, and the one thing that it has going for it is that criminals are stupid.”

Whoa, like, deep, man. I think we might want to consider some warrantless, no-knock seraches of chambers at the Supreme Court…

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