I also feel compelled to point out, vis a vis the concept of “in loco parentis,” that I cannot imagine a situation in which my parents would have STRIP-SEARCHED me. Not even if they thought I was using, I don’t know, coke or heroin or something as a 13-year-old. I mean, I guess I can’t speak with total authority because I was such a goody-goody as a kid so the scenario is kind of outside the realm of possibility, but hypothetically, I truly cannot imagine either of my folks strip-searching me for any reason at all. Nor would they abdicate that right to a school official.

Also, a search warrant will absolutely get an adult strip searched, it’s just a couple more steps down the line.

Much as I really hate most aspects of Thomas’ jurisprudence (Hamdi being the worst example), much of what people say about him also bothers me. I mean, gosh, maybe he’s such an angry guy because those who disagree with him refuse to take him seriously as an intelligent person who acts for reasons, instead writing him off as a mental case, a puppet for Scalia, or an Uncle Tom? Back when I hung out with right-wing law students (sigh, I know, don’t ask), most thought Thomas, not Scalia, was the one to admire; thought him more principled in his reasoning. Again – I think he has -bad- principles, and I don’t think he’s all that consistent, but I get squicked out at how Thomas is always the one reduced to a paper cut-out or a psych diagnosis.

And I completely agree about the modesty message. I suspect that if the strip-searching had been conducted on a 13 year old boy the Catholic conservatives might have felt differently. Scalia, Alito and Roberts have daughters, and I’m sure they got all paternalistic hearing that story.

It’s easier for me to feel sorry for him when he is one against seven. I like to think a certain Justice Ginsberg shamed the boys into behaving on this one.