The Supreme Court, in a 5-4 decision, ruled that jails may strip search detainees being put into the general prison population.
Progressive screamers, horrified at Obamacare's poor performance before the court a week earlier, seized upon the ruling to impugn the court that they anticipate will knock down Obamacare as well.
It's an interesting tactic, sure to win over those who don't think too hard, but in reality the two cases are unrelated, each decided on its merits. The one common factor in both cases is government power, but progressives don't want to go there.
Noah Feldman examines the Supreme Court ruling:
As a result, instead of arguing about dignity, the justices disagreed about the practical question of whether invasive strip-searches are reasonably necessary to serve the interests of the jails and prisons. Kennedy’s majority opinion said that they were.
It’s hard to avoid the conclusion that the strip-searches, however well-intentioned when first instituted, now function to humiliate people being put behind bars, sending the message that they are now essentially nonpersons, under the full control of the state.
Yet, it’s worth noting, not even Breyer argued that all strip-searches of people entering jail should be unconstitutional. There is a reason: Privacy, as we know it, is dying. The death is slow and gradual. But it is starting to look inevitable. Supreme Court justices, in general, and Kennedy in particular, rarely fight the trend of history. (Noah Feldman)The linchpin to the Supreme Court decision was that law enforcement officers have a right to protect themselves and a duty to protect other detainees, and that trumps the rights of people introduced into a detention facility. That makes sense, but it doesn't get to the heart of the issue.
The Real Outrage
People are missing the true outrage here. A non-violent suspect was incarcerated for failure to pay a fine. With all the technology at our fingertips, we suffer under a medieval government. Proliferating policies and ever-expanding laws and police powers are making outlaws of us all, and we are increasingly being treated like hardened criminals by an arrogant, burgeoning police state. We are guilty until proven innocent.
People are missing the true outrage here. A non-violent suspect was incarcerated for failure to pay a fine. With all the technology at our fingertips, we suffer under a medieval government. Proliferating policies and ever-expanding laws and police powers are making outlaws of us all, and we are increasingly being treated like hardened criminals by an arrogant, burgeoning police state. We are guilty until proven innocent.
Progressive fans of Big Government take note:
A government that can make you purchase health insurance can also strip you naked and make you squat and cough.
A government that can make you purchase health insurance can also strip you naked and make you squat and cough.