The Roberts Court

A place where 12 year olds get hard time for eating fries.

Roger Ailes

Roberts concluded that the arrest and detention under a mandatory arrest policy for minors was not an "unreasonable" seizure under the Fourth Amendment to the Constitution, even though adults found to have violated the same no-eating-in-the-Metro ordinance were simply given citations. For obvious reasons, this decision is likely to be a point of some contention in Roberts' confirmation hearing. But of more significance than the decision itself is a part of its reasoning.

Roberts wrote that the Metro's mandatory arrest policy was not unconstitutional in part because it would not have been "regarded as an unlawful search or seizure under the common law when the Amendment was framed," that is, under the law as it stood in 1791.

Under that standard, Roberts' seizure was quite reasonable. Hell, the State of Maine could even declare him possessed by demons and clap him in the stocks until the 2007 term was over.

Anyone who defends the arrest and handcuffing of a 12-YEAR OLD GIRL for eating french freedom fries on the Metro deserves nothing but scorn and disapprobation. Yet our senators confirmed this slug, together with his shell-mate Scalito. For the want of a filibuster, the nation was lost...

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