Jun 252009

In his dissenting opinion in Safford Unified School District No. 1 v. Redding, Justice Clarence Thomas argued that the strip search of a middle-schooler was justfiable and out of the Supreme Court’s jurisdiction.

“Preservation of order, discipline and safety in public schools is simply not the domain of the Constitution,” he said. “And, common sense is not a judicial monopoly or a constitutional imperative.”

First of all, I don’t believe public education itself is permitted by the Constitution, but I’m sure Justice Thomas would disagree. Secondly, the actions of a school official would not likely be a constitutional issue if the school in question were not public. Thirdly, because the school in question is public, the constitutional protections against unlawful search and seizure ought to apply. After all, the Bill of Rights was intended to protect individuals from the abuses and depredations of the state. Lastly, why the hell would a child not have a reasonable expectation of privacy with regard to undressed body?!