Legal Commentary

When school officials strip search a 13-year-old girl who they think might have some extra-strength ibuprofen...

Chief Justice John G. Roberts Jr. said the school officials should be shielded from being sued since the law governing school searches had not been clear...

Justice Anthony M. Kennedy... objected when Adam Wolf, an American Civil Liberties Union lawyer for Redding, argued that the strip search was unreasonable because there was no evidence she was hiding anything in her underwear.

"Is the nature of drug irrelevant?" he asked. "What if it was meth to be consumed at noon?"...

It is "a logical thing" for adolescents to hide things, [Justice Breyer] said. A student might stick something "in their underwear," he added, provoking laughter when he said that this had happened to him at school. "It's not beyond human experience."...

"Better embarrassment [of one student] than the risk of violent sickness and death," Souter said.

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Full post as published by Althouse on April 21, 2009 (boomark / email).