October 31, 2005
Scalito: scary Halloween monster
No kidding. Not only does he believe that women seeking abortions must inform their husbands:
“[T]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands’ knowledge because of perceived problems — such as economic constraints, future plans, or the husbands’ previously expressed opposition — that may be obviated by discussion prior to the abortion.”
He also thinks that strip-searching ten-year-old girls is just fine (PDF format). From the opinion (in which the majority found that the search violated the plaintiffs’ “clearly established Fourth Amendment rights”):
As the officers approached the house, they met John Doe, and brought him into the house. Once inside, however, the offices found […] only John Doe’s wife, Jane, and their ten year old daughter, Mary.
The officers decided to search Jane and Mary Doe for contraband. [… T]he female officer removed both Jane and Mary Doe to an upstairs bathroom. They were instructed to empty their pockets and lift their shirts. The female office patted their pockets. She then told Jane and Mary Doe to drop their pants and turn around. No contraband was found.
“I know of no legal principle that bars an officer from searching a child (in a proper manner) if a warrant has been issued and the warrant is not illegal on its face.”
And “a proper manner” includes an invasive body search?
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