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Thu Apr 5, 2012, 03:21 PM

The Obama DOJ urged the Supreme Court's endorsement of strip searches.

Were you aware of this? Are you surprised by it?

The march to fascism is bipartisan now, and, really, that is the key to its success. We see it in all types of Bush-like authoritarian policies that have survived into the Obama administration, as well as new ones that are now being defended by corporate Democrats...NDAA indefinite detention, warrantless surveillance, spy centers, you name it. As long as people remain so blindly partisan that they will refuse to stand against what is clearly wrong just because it comes from their own party, we will never have a unified opposition to oppression.

The corporate elite in both parties have figured that out and use it to their advantage. We will see how long it takes the people to figure it out.

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http://www.salon.com/2012/04/03/the_obama_doj_and_strip_searches/singleton/

The Obama DOJ and strip searches
By Glenn Greenwald

Numerous progressive commentators are lambasting the Supreme Court for its 5-4 ruling yesterday in Florence v. Bd. of Chosen Freeholders, and rightfully so. The 5-judge conservative faction held that prison officials may strip-search anyone arrested even for the most minor offenses before admitting them to the general population of a jail or prison, even in the absence of a shred of suspicion that they are carrying weapons or contraband. The plaintiff in this case had been erroneously arrested for outstanding bench warrants for an unpaid fine that he had actually paid, and was twice subjected to forced strip searches; he sued, claiming a violation of his Fourth and Fourteenth Amendment rights. In essence, the Florence ruling grants prison officials license to subject every single arrested individual entering the general prison population to humiliating and highly invasive strip searches (that’s 13 million people every year, with hugely disproportionately minority representation), based on the definitive police state mentality — one that has been applied over and over — that isolated risks justify the most sweeping security measures. This policy has been applied to those arrested for offenses such as dog leash laws, peaceful protests, and driving with an expired license.

What virtually none of this anti-Florence commentary mentioned, though, was that the Obama DOJ formally urged the Court to reach the conclusion it reached. While the Obama administration and court conservatives have been at odds in a handful of high-profile cases (most notably Citizens United and the health care law), this is yet another case, in a long line, where the Obama administration was able to have its preferred policies judicially endorsed by getting right-wing judges to embrace them:
....
The Obama administration is siding with the prisons in the case and urging the court to allow a blanket policy for all inmates set to enter the general prison population.
“When you have a rule that treats everyone the same,” Justice Department lawyer Nicole A. Saharsky argued, “you don’t have folks that are singled out. You don’t have any security gaps.”

As The Guardian said yesterday: “The decision was a victory for the jails and for the Obama administration..."

24 replies, 4374 views

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Arrow 24 replies Author Time Post
Reply The Obama DOJ urged the Supreme Court's endorsement of strip searches. (Original post)
woo me with science Apr 2012 OP
Swamp Lover Apr 2012 #1
dsc Apr 2012 #3
uponit7771 Apr 2012 #5
dsc Apr 2012 #8
progressoid Apr 2012 #4
woo me with science Apr 2012 #7
Swamp Lover Apr 2012 #12
woo me with science Apr 2012 #9
Luminous Animal Apr 2012 #11
OnyxCollie Apr 2012 #2
msongs Apr 2012 #6
MineralMan Apr 2012 #10
Luminous Animal Apr 2012 #14
MineralMan Apr 2012 #15
The Northerner Apr 2012 #13
xchrom Apr 2012 #16
EmeraldCityGrl Apr 2012 #17
woo me with science Apr 2012 #18
woo me with science Apr 2012 #19
woo me with science Apr 2012 #20
just1voice Apr 2012 #21
bart95 Apr 2012 #22
woo me with science Apr 2012 #23
woo me with science Apr 2012 #24

Response to woo me with science (Original post)

Thu Apr 5, 2012, 03:32 PM

1. I am not aware of any brief that was submitted by the DOJ in favor of this outcome.

 

If Greenwald knows of one, I'd like to see the link.

Also, he refers to prisons, which is where convicts (those who have been convicted) are held. Convicts are subject to strip search any time, night or day. "Florence" refers to those who have been arrested and are being detained. I've not heard that the Obama administration got involved. Again, I'd like to see a brief.

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Response to Swamp Lover (Reply #1)

Thu Apr 5, 2012, 03:46 PM

3. Here

http://www.salon.com/writer/glenn_greenwald/

and here

http://abcnews.go.com/blogs/politics/2011/10/supreme-court-struggles-with-strip-searches/

The misuse of the word prisons is ABC's fault as you can see from the second link.

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Response to dsc (Reply #3)

Thu Apr 5, 2012, 03:51 PM

5. The salon link does not show the breief filed by OA....TIA

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Response to uponit7771 (Reply #5)

Thu Apr 5, 2012, 03:59 PM

8. Unless ABC is a bunch of liars

it is clear that the admin supported the winning side in this case.

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Response to Swamp Lover (Reply #1)

Thu Apr 5, 2012, 03:49 PM

4. It's not limited to convicts.

Anyone arrested (not convicted) of even a minor offense can be strip searched.

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Response to progressoid (Reply #4)

Thu Apr 5, 2012, 03:55 PM

7. Not even federal PRISONS have this policy...yet.

From the article:

What makes the Obama DOJ’s position in favor of this broad strip-search authority particularly remarkable is that federal prisons do not even have this policy. As The New York Times‘ Adam Liptak explained, “the procedures endorsed by the majority are forbidden by statute in at least 10 states and are at odds with the policies of federal authorities. According to a supporting brief filed by the American Bar Association, international human rights treaties also ban the procedures.”
http://www.salon.com/2012/04/03/the_obama_doj_and_strip_searches/singleton/

Good god.

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Response to progressoid (Reply #4)

Thu Apr 5, 2012, 04:09 PM

12. That is the aspect that is a concern.

 

I completely understand in prison where the safety of guards and staff is at risk, but to apply this to anyone who has been detained (as is the case with this ruling), is madness.

I would be very disappointed if the administration wrote a brief in favor of the application to all detainees. i do not have time to look for their brief right now, but if anyone has it or knows where to find it, please post.

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Response to Swamp Lover (Reply #1)

Thu Apr 5, 2012, 04:00 PM

9. The DOJ lawyer participated in oral arguments. nt


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Response to Swamp Lover (Reply #1)

Thu Apr 5, 2012, 04:04 PM

11. You'll find the link to the pdf here:

http://www.scotusblog.com/case-files/cases/florence-v-board-of-chosen-freeholders-of-the-county-of-burlington/

Direct link to the pdf
sblog.s3.amazonaws.com/wp-content/uploads/2011/08/10-945bsacUnitedStates.pdf

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 03:34 PM

2. K&R. nt

 

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 03:52 PM

6. the bush extremist right wing agenda marches on under new management nt

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 04:02 PM

10. What jail or prison doesn't strip search people

who are going to be housed there, whether convicted or being held after arrest? I think that's standard practice, but maybe I'm wrong. If you're arrested and taken to jail, you're going to be searched before you are put in the general population, I'm sure.

Minor offenses rarely result in such jailings in the general population, unless the person arrested has an outstanding warrant. How does this court case change what I understand to be SOP?

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Response to MineralMan (Reply #10)

Thu Apr 5, 2012, 04:22 PM

14. Ten states and the Feds restrict strip searches to reasonable cause...

See page 12 of the ABAs amicus brief...

www.americanbar.org/content/dam/aba/publishing/previewbriefs/Other_Brief_Updates/10-945_petitioner_amcu_aba.pdf

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Response to Luminous Animal (Reply #14)

Thu Apr 5, 2012, 04:32 PM

15. OK, thanks.

I just read through the decision and dissenting opinion. It's a difficult case, so I guess I'll go digging into it further. I'm just trying to understand as much as possible about it.

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 04:21 PM

13. K&R n/t

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 05:11 PM

16. Du rec. Nt

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 05:35 PM

17. The problem with Obama...

just when you're feeling comfortable , SMACK, I read something like this.

I find this extremely disturbing. I have never been arrested, but I can foresee a situation where I could
be arrested for marching or participating in civil disobedience or simply being in the wrong place at the
wrong time. Psychologically a strip search would be a serious issue for me.

His position on this is not anything close to moderate, it's extreme off the charts RW. Frankly, I don't
think the last admin. would have supported this. Please don't tell me thus is never going to be used
against a citizen in a situation where it would be inappropriate. We have witnessed the police acting
like tyrants during OWS. In a multitude of other cases people are arrested only to have the charges
dropped later because there was a "mistake" of some sort.

Stand Your Ground, another example of a law that was poorly written so now look at the consequences.

When you start feeling frightened of your government and the people they use to enforce their laws,
You are not living in a free society. We are fucked, figuratively and literally.

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Response to EmeraldCityGrl (Reply #17)

Thu Apr 5, 2012, 05:41 PM

18. I wish I could rec this post 1000 times. nt

Last edited Thu Apr 5, 2012, 08:19 PM - Edit history (2)

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 08:25 PM

19. This will have a chilling effect on Occupy/protests.

Last edited Fri Apr 6, 2012, 12:28 AM - Edit history (1)

The poster above is exactly right.

How many people were trapped on that bridge and arrested during the Occupy protests?

We are getting very close to Egyptian virginity checks when it comes to giving people reasons to fear making their voices heard.

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Response to woo me with science (Original post)

Thu Apr 5, 2012, 11:21 PM

21. This will be ignored by the blind, partsian-at-all-cost supporters, as usual

 

The U.S. is becoming a very dangerous country for 99% of its citizens and sadly it's happening during this administration.

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Response to just1voice (Reply #21)

Thu Apr 5, 2012, 11:28 PM

22. it happens during every administration

 

regardless of whether we by donkey or elephant brand

same stuff, different box





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Response to just1voice (Reply #21)

Fri Apr 6, 2012, 12:18 AM

23. Denied, ignored, minimized, justified, and met with personal attacks.

We have hit all of them already in the various threads.

This is why the authoritarians are succeeding. Purchasing both parties allows them to set us against each other rather than against what they are doing to us. They have found the partisan blind spot and are exploiting it with gusto.

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Response to just1voice (Reply #21)

Fri Apr 6, 2012, 10:47 AM

24. Kick

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