31 October 2005 - 12:37pm
Alito dissented in case protecting civil rights
In Doe v. Groody (2004) (.pdf), Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home.
The court ruled that, even though police officers asked for the power to search all persons, the warrant declined to grant such authority. In his lone dissent, Alito dismisses this, and goes into what "drug dealers" do and "commonsense" methods to oppose them. Never mind the law, his mind was made up.
This is called judicial activism. Legislating from the bench.
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Comments
Excellent point and thanks for the link. If core rights grounded in explicit constitutional provisions are to be handled as blithely as Judge Alito brushed aside Fourth Amendment concerns in this case, one wonders what rights at all are apt to remain truly secure. If Alito would authorize expansive, vague use of police power in violation of the constitution to facilitate the government's controversial and unsuccessful drug war, what limits, if any, is he likely to place on the state as it continues to prosecute the war on terror?