Topic: Roberts: Supreme Court not setting school rules
yellowrose10's photo
Sun 06/28/09 02:09 AM
By SUE LINDSEY, Associated Press Writer Sue Lindsey, Associated Press Writer – 14 mins ago

WHITE SULPHUR SPRINGS, W.Va. – Don't look to the Supreme Court to set school rules, only to clarify them when officials have abdicated that responsibility, Chief Justice John Roberts said Saturday.

At a judicial conference, Roberts was asked how school administrators should interpret seemingly conflicting messages from the court in two recent decisions, including one Thursday that said Arizona officials conducted an unconstitutional strip-search of a teenage girl. In 2007, the justices sided with an Alaska high school principal, ruling that administrators could restrict student speech if it appears to advocate illegal drug use.

Roberts told the audience there was no conflict in the court's rulings, just clarity intended to deal with narrow issues that surface from government actions.

"You can't expect to get a whole list of regulations from the Supreme Court. That would be bad," Roberts said. "We wouldn't do a good job at it."

In the Arizona case, the high court said school officials violated Savana Redding's rights when they strip-searched her for prescription-strength ibuprofen. The court said educators cannot force children to remove their clothing unless student safety is at risk.

Roberts said administrators should take comfort in the 8-1 ruling, which also found that officials could not be held financially liable when carrying out school policy.

"We recognized that they didn't have very clear guidance," Roberts said. "We laid down a rule about what they can and can't do, but we said they don't have to fork over damages from their own personal funds if they guess wrong."

Roberts also defended the court's diversity — all nine justices are former federal appeals court judges. The issue has surfaced in light of Justice David Souter's decision to retire.

Senators from both parties have said the court needs justices who don't come from the federal bench, or the "judicial monastery," as Sen. Patrick Leahy, D-Vt., has called it. Leahy is chairman of the Senate Judiciary Committee, which will begin hearings next month on Sonia Sotomayor's nomination to succeed Souter; she, too, is an appeals court judge.

Sotomayor would be the first Hispanic justice and the third woman ever on the court.

Roberts said the current justices have a range of legal experience despite their shared background on the appeals level.

"I consider myself a practicing lawyer," Roberts said, noting he was a judge for only a short time. He served on the U.S. Court of Appeals for the District of Columbia Circuit from 2003 to 2005, when President George W. Bush nominated him to be chief justice.

Other justices have academic and political experience, he said, adding that Justice Clarence Thomas ran a federal agency.

"We're also a pretty diverse bunch," he said.

Roberts did not refer directly to Sotomayor, President Barack Obama's first nominee to the court.

Asked about his desire for more consensus among justices in the court's opinions, Roberts said he wasn't suggesting that justices compromise, but that agreement gives clearer guidance.

"The more we can speak with a broader degree of agreement, it looks a lot more like law," he said.

Hinting at his legal philosophy, Roberts said one of the Supreme Court's most monumental cases in underscoring how "things went terribly wrong" was an 1857 decision in the Dred Scott case that said blacks, whether or not they were slaves, were not protected by the Constitution and could never be U.S. citizens.

Roberts said that in contrast to previous decisions that sought consensus, the chief justice in the Dred Scott case pushed an outcome "that really had no basis in the Constitution." Roberts' comments came days after a surprisingly unified Supreme Court ruled narrowly to preserve the Voting Rights Act.

While in some instances, justices may have to step in to decide cases of "great political significance," in many others "there are going to be huge consequences if you do leap ahead and involve the court in politics," he said.

no photo
Sun 06/28/09 06:23 AM
Edited by boo2u on Sun 06/28/09 06:26 AM
Where's the story about the young girl in question, what was she taking perscription ibprophen for? No young person should be strip searched by a school official in my opinion, a parent should have been called immediately to deal with the situation.

The official might not be legally finacially responsible but someone should be. Do we want kids strip searched in school?

ThomasJB's photo
Mon 06/29/09 12:30 AM


I want MJ buried already so




adj4u's photo
Tue 06/30/09 08:03 AM

Where's the story about the young girl in question, what was she taking perscription ibprophen for? No young person should be strip searched by a school official in my opinion, a parent should have been called immediately to deal with the situation.

The official might not be legally finacially responsible but someone should be. Do we want kids strip searched in school?


well they dropped the ball on this one

prescription drug abuse is a criminal offense they should have called in law enforcement

the persons personally responsible for said search should be held accountable --- they over stepped their authority

and they should also be relieved of duty without pay pending further investigation

if said investigation clears them of wrong doing they get the pay withheld and returned to duty

if they are not cleared then they are terminated no ifs and or butts

but hey

what do i know

yellowrose10's photo
Tue 06/30/09 09:26 AM


Where's the story about the young girl in question, what was she taking perscription ibprophen for? No young person should be strip searched by a school official in my opinion, a parent should have been called immediately to deal with the situation.

The official might not be legally finacially responsible but someone should be. Do we want kids strip searched in school?


well they dropped the ball on this one

prescription drug abuse is a criminal offense they should have called in law enforcement

the persons personally responsible for said search should be held accountable --- they over stepped their authority

and they should also be relieved of duty without pay pending further investigation

if said investigation clears them of wrong doing they get the pay withheld and returned to duty

if they are not cleared then they are terminated no ifs and or butts

but hey

what do i know


agreed

Mr_Music's photo
Tue 06/30/09 09:35 AM

Where's the story about the young girl in question, what was she taking perscription ibprophen for? No young person should be strip searched by a school official in my opinion, a parent should have been called immediately to deal with the situation.

The official might not be legally finacially responsible but someone should be. Do we want kids strip searched in school?


She wasn't taking it, she was accused of distributing it.

Court: Strip search was violation of girl's rights

by Arthur H. Rotstein - Jul. 13, 2008 12:00 AM

The Associated Press

TUCSON - A federal appeals court has ruled that officials at an Arizona school violated a 13-year-old student's constitutional rights by subjecting her to a strip search for drugs based on a classmate's uncorroborated accusation.

By a 6-5 decision, a full panel of the 9th U.S. Circuit Court of Appeals in San Francisco on Friday reversed an earlier ruling by three divided judges from the same court.

In the latest ruling, judges said officials violated Savana Redding's Fourth Amendment right "to be free from unreasonable search and seizure" and called the search in 2003 "grossly intrusive."
The girl was an eighth-grade honor student at Safford Middle School when she was pulled from class by a vice principal who was investigating accusations that the girl was giving prescription-strength Ibuprofen pills to classmates.

The school has a zero-tolerance policy toward prescription drugs on campus.

Redding denied providing the pills to a classmate and was escorted by a female administrative assistant to the nurse's office.

She and the nurse, also female, ordered her to strip to her underwear, move her bra to the side and pull her underwear out, exposing her breasts and pelvic area.

No pills were found.

The school argued that the search was reasonable and justified because pills had been found on campus and another student had linked them to Redding.

Last September, a three-judge appellate panel ruled 2-1 that the search was constitutional.

The full appellate court said the vice principal, Kerry Wilson, is financially liable for damages and ordered the case back to U.S. District Court Magistrate Judge Nancy Fiora to determine damages against Wilson.

Fiora ruled in the lawsuit that Savana and her mother first brought that the search did not violate the girl's rights.

The majority in Friday's ruling said the two women who were carrying out Wilson's order would not face any financial penalty.

A phone call to Wilson's home in Thatcher was not immediately returned on Friday.

In an affidavit after the incident occurred, Redding said the strip search was "the most humiliating experience I have ever had."

After Friday's ruling, Redding said in a statement released by the American Civil Liberties Union, which represented her, that she sued because she wanted to ensure that school officials would not be able to violate anyone else's rights in a similar manner.

She said she was relieved that a court finally recognized "that the Constitution protects students from being strip-searched in schools on the basis of unreliable rumors."

ACLU attorney Adam Wolf called the ruling "a victory for our fundamental right to privacy, sending a clear signal that such traumatizing searches have no place in America's schools."