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	<title>Comments on: Supreme Court Rules, without Compassion, Student&#8217;s Strip Search Violated Fourth Amendment</title>
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	<link>http://www.jimbyrd.com/supreme-court-rules-without-compassion-students-strip-search-violated-fourth-amendment</link>
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		<title>By: Deborah</title>
		<link>http://www.jimbyrd.com/supreme-court-rules-without-compassion-students-strip-search-violated-fourth-amendment/comment-page-1#comment-4142</link>
		<dc:creator>Deborah</dc:creator>
		<pubDate>Sun, 16 Aug 2009 16:04:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.jimbyrd.com/?p=2730#comment-4142</guid>
		<description>Interpreting the law and the constitution requires judgment - it is not just reading the law and applying objective logic. Humans are not robots - their background and experiences affects their judgment, so it is good and proper to have a diversity of backgrounds on the court. 
 
In this case, what constitutes an &quot;unreasonable&quot; search?  The Supreme Court ruled properly - searching a thirteen year old girl&#039;s backpack for ibuprofen is reasonable, but a strip search is not. Having Justice Ginsburg on the court, who could express the humiliation and violation that this girl felt, surely help the court make the right ruling.

So if we agree the Court&#039;s ruling is correct, then why did Justice Thomas vote against it? Perhaps it has something to do with being accused (probably correctly) of sexual harassment? Someone like that must downplay the feelings of violation of women and girls to justify his actions. &quot;Conservative&quot; justices like Justice Thomas are no different than &quot;liberal&quot; justices in that their rulings are influenced by their experiences and outlook, as this case showed.</description>
		<content:encoded><![CDATA[<p>Interpreting the law and the constitution requires judgment &#8211; it is not just reading the law and applying objective logic. Humans are not robots &#8211; their background and experiences affects their judgment, so it is good and proper to have a diversity of backgrounds on the court. </p>
<p>In this case, what constitutes an &#8220;unreasonable&#8221; search?  The Supreme Court ruled properly &#8211; searching a thirteen year old girl&#8217;s backpack for ibuprofen is reasonable, but a strip search is not. Having Justice Ginsburg on the court, who could express the humiliation and violation that this girl felt, surely help the court make the right ruling.</p>
<p>So if we agree the Court&#8217;s ruling is correct, then why did Justice Thomas vote against it? Perhaps it has something to do with being accused (probably correctly) of sexual harassment? Someone like that must downplay the feelings of violation of women and girls to justify his actions. &#8220;Conservative&#8221; justices like Justice Thomas are no different than &#8220;liberal&#8221; justices in that their rulings are influenced by their experiences and outlook, as this case showed.</p>
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		<title>By: mc</title>
		<link>http://www.jimbyrd.com/supreme-court-rules-without-compassion-students-strip-search-violated-fourth-amendment/comment-page-1#comment-3864</link>
		<dc:creator>mc</dc:creator>
		<pubDate>Wed, 01 Jul 2009 17:11:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.jimbyrd.com/?p=2730#comment-3864</guid>
		<description>I suggest you become a permanent guest on the &#039;Hannity Show&#039; over at Fox 5 News! They need someone like yourself who can skillfully voice their opinions  on the varied political topics this show attempts to  discuss. It would certainly increase their show ratings.</description>
		<content:encoded><![CDATA[<p>I suggest you become a permanent guest on the &#8216;Hannity Show&#8217; over at Fox 5 News! They need someone like yourself who can skillfully voice their opinions  on the varied political topics this show attempts to  discuss. It would certainly increase their show ratings.</p>
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		<title>By: Matt</title>
		<link>http://www.jimbyrd.com/supreme-court-rules-without-compassion-students-strip-search-violated-fourth-amendment/comment-page-1#comment-3860</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Tue, 30 Jun 2009 20:52:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.jimbyrd.com/?p=2730#comment-3860</guid>
		<description>Great article.  I realize that public school officials have their hands tied in dealing with the unenviable task of maintaining discipline in a difficult situation.  A little common sense would go a long way, though!

As for the Supreme Court, every once in awhile they&#039;ll surprise you!  In my experience, you can&#039;t always tell from their posture in oral arguments how an appeals court will actually rule.  Sometimes they pursue a line of questioning just to explore a point they know a fence-sitting colleague is considering in an attempt to persuade him over.

Keep up the good work!</description>
		<content:encoded><![CDATA[<p>Great article.  I realize that public school officials have their hands tied in dealing with the unenviable task of maintaining discipline in a difficult situation.  A little common sense would go a long way, though!</p>
<p>As for the Supreme Court, every once in awhile they&#8217;ll surprise you!  In my experience, you can&#8217;t always tell from their posture in oral arguments how an appeals court will actually rule.  Sometimes they pursue a line of questioning just to explore a point they know a fence-sitting colleague is considering in an attempt to persuade him over.</p>
<p>Keep up the good work!</p>
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