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Monday, January 16, 2006

Just Trying To Spread The Word

I'm reproducing my letter to the editor of my local rag taking issue with a characterization of Judge Alito that I've read repeatedly but which simply isn't true. If you're interested in facts, that is. "Letter writer XXXXXX ["How could Alito have justified strip search of a child?" 1/14/06] provides an example of what occurs when Democrat talking points are allowed to go unchallenged. I suspect she, as well as others who are anti-Alito, have neither read the case nor even a summary of its facts. The case, which involved the sale of illegal drugs, was called Doe v Groody and had to do with whether a search warrant had adequately described "the place to be searched, and the persons or things to be seized." The face of the warrant identified John Doe as the person to be searched, while an attached affidavit identified an adult female and the ten year old girl in question. The adult female and the ten year old girl were not "strip searched" but instead were "patted down" by a female officer in private. Two of the three judges ruled that the attached affidavit should not have been considered part of the warrant and, therefore, the search of the adult female and the ten year old girl was unauthorized because it was technically without the benefit of a valid warrant. Judge Alito disagreed stating that the affidavit should have been considered part of the warrant. He also stated that, although he had concerns over the search of the ten year old girl, it was not the issue before the court. So, in truth this case was not in any way decided on the basis of whether the "strip search" of a minor was constitutional. Moreover, Judge Alito exercised appropriate judicial restraint in not going beyond the question before the court. Just the sort of judicial philosophy that makes for a great Supreme Court justice." The letter wasn't published.

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