Education Law

Was it a search? - What?

The Supreme Court heard the Safford v. Redding case today ... so it is all over the news (I will post links and video as they become available). I trust Mark Walsh's interpretation of the events and he seemed struck by Justices Souter and Breyer asking tough questions of the Redding's (the student) lawyer. The question from Breyer about whether this was even a search at all is almost unimaginable - and then whether it was a "strip" search is also very odd. They peered in her undergarmets ... i.e. they saw what there was to see - how could that not be a strip search?  And comparing this to gym class (not a search because in their underwear all the time) doesn't make any sense either. It is a voluntary thing in gym class ... involuntary in Redding's case. That is the whole definition of the word "search" ... it is involuntary.

Very, very odd stuff from the Court today, so we'll have to wait and see, but I didn't like Redding's chances before. I really, really don't like her chances now.

Update:

Bloomberg

LA Times (also thinking the Court will side with school)

AP

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