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Post by Swimmy on Jun 30, 2009 6:24:39 GMT -5
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Post by dgriffin on Jun 30, 2009 19:01:51 GMT -5
What a bunch of A-holes. The pain killer was ibuprofen, certainly not an illegal drug, and from what I read the administrators knew it was. But ANY drug (sometimes even aspirin) is contraband in a public school. So the poor girl was strip searched not for suspicion of carrying an illegal drug (which would have been bad enough), but for suspicion of carrying a legal drug. Additionally, HOURS (two?) passed between the time of her being reported and the actual search, during which she was made to sit outside the offices in the hallway, but also giving the school personnel plenty of time to contact her parents.
Where can I find Scalia's opinion on line? I hear it was full of derision for the school and I'd like to read it and shout "Amen!"
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Post by dgriffin on Jun 30, 2009 19:09:42 GMT -5
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Post by Swimmy on Jun 30, 2009 20:55:39 GMT -5
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Post by dgriffin on Jun 30, 2009 22:48:31 GMT -5
Thanks, Swimmy. I had seen that, but was looking for his written decision, rather than the oral arguments.
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Post by Swimmy on Jun 30, 2009 23:21:37 GMT -5
Justice Scalia did not write the decision; Justice Souter did.
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Post by dgriffin on Jul 1, 2009 8:33:43 GMT -5
Oh, OK. Come to think of it, Scalia would write if he opposed. Is that right?
Would you know where Souter's written decision is? I've been searching, but can't find it. Thanks.
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Post by Swimmy on Jul 1, 2009 8:48:52 GMT -5
It's the first link I posted. I was not having much luck last night with some legal research for work, so I grew frustrated when I could not readily find the opinion published on the Supreme Court's website. But as soon as I can locate it, I will post the "official" decision. But the Cornell site is a good site with a lot of free access to many court decisions and other laws. When I don't have access to Westlaw or Lexis Nexis, I often visit that site for more information. :-)
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Post by Swimmy on Jul 1, 2009 8:51:54 GMT -5
Ok, finally had some luck finding it. Don't ever get married and agree to a stipulation of maintenance when you divorce because it's damn near impossible to modify down the road. Anyway, here it is www.supremecourtus.gov/opinions/08pdf/08-479.pdf |
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Post by dgriffin on Jul 1, 2009 17:00:46 GMT -5
Thanks, Swimmy!
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Post by Swimmy on Jul 1, 2009 19:24:07 GMT -5
Sorry I couldn't find the slip opinion from the Supreme Court site earlier. Interesting read, isn't it?
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Post by Swimmy on Jul 1, 2009 19:25:25 GMT -5
Oh, OK. Come to think of it, Scalia would write if he opposed. Is that right? Would you know where Souter's written decision is? I've been searching, but can't find it. Thanks. Sorry I somehow overlooked the first part of this post. In this instance, yes, if Scalia opposed the majority opinion, he would have the option to author a dissent or join in one of the others' dissents. I never understood how they determine who writes the majority opinion. |
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Post by clarencebunsen on Jul 1, 2009 21:06:18 GMT -5
Here is the best I could find on writing assignments www.answers.com/topic/assignment-and-writing-of-opinionsThe current system originated during the Chief Justiceship on John Marshall, 1801-1835. No, I did not know John Marshall, I did however know someone whose father was of voting age when John Marshall died. Our country is not that old. |
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Post by Swimmy on Jul 1, 2009 21:29:32 GMT -5
Interesting read. Thanks for sharing that with us. The method of assigning opinions was never covered in con law.
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Post by dgriffin on Jul 1, 2009 21:45:09 GMT -5
From what I remember reading, Marshall had quite an impact on the court. In recent years, the only innovation I can think of coming from a Chief Justice is sleeve stripes for himself ... Chief Justice Rehnquist. I guess we should be grateful it wasn't a crown.
Or a wig!
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