Ginsburg on school strip search
U.S. Supreme Court Justice Ruth Bader Ginsburg today wrote that a public school assistant principal placed a 13-year-old girl into a “humiliating situation” when he forced her to undergo a strip search.
The Supreme Court ruled today on the case of Savana Redding who was 13 when school administrators were tipped off that Redding might be in possession of prescription strength ibuprofen. Two female staff oversaw the strip search at the directive of the male assistant principal, Kerry Wilson.
In an 8 to 1 vote, with Justice Clarence Thomas the only dissenting vote, the court held that the school was in violation of Redding’s Fourth Amendment rights. In addition, the court ruled that school officials could not be held individually liable.
Ginsburg, in a victory for feminists, has spoken about this case. Citing it as an example of why the court needs more women.
“They have never been a 13-year-old girl,” Justice Ginsburg said of her eight male colleagues, several of whom had suggested during oral argument that they were not troubled by the search.
“It’s a very sensitive age for a girl,” Justice Ginsburg went on to say in an interview with USA Today. “I didn’t think that my colleagues, some of them, quite understood.”
Ginsburg understands that virtually every woman has experienced discrimination at the hands of men her whole life, and that that experience will necessarily inform any opinions about individual rights and privacy rights. Also, any man who hasn’t been the victim of such objectification and denigration will NOT be as sensitive to these issues, and will likely make the wrong decision, unless the man is a feminist.
At no point did he attempt to call her parent. Abuse of authority of that order should not be shielded by official immunity.During the April argument, Justice Ginsburg seemed taken aback by the circumstances of the case, particularly that Savana came under suspicion because of a “tip” to officials from a classmate. “And nothing is done to check her veracity, nothing is done to follow up on it at all,” the justice observed.(Source: NY Times)
In this case, the egregious and obvious trampling of privacy rights swayed the justices part-way to the correct decision. Except for Ginsburg and Justice John Paul Stevens however, they stopped short of agreeing that Redding should be able to sue for damages against these freedom-hating police-state school officials.
Stevens wrote, “it does not require a constitutional scholar to conclude that a nude search of a 13-year-old child is an invasion of constitutional rights of some magnitude.”
This case has many implications for privacy rights, public officials’ immunity, and women’s rights, but it clearly illustrates how critical it is that we have a more gender balanced court immediately.
There have only been 2 out of 110 female Supreme Court justices, with the high-water-mark coming when 2 out of 9 Justices were female before Justice Sandra Day O’Connor retired.
I certainly hope Sotomayor is approved, and I propose that we only pick women for the next seven justices.



Sarah Palin, a true litmus test for feminists everywhere. While I’m no Republican, I’m certainly no Democrat either, and after the shameful treatment of women in the 2008 Presidential race, I’m more of a feminist than ever.
