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Scofflaw Jurist OKs
Soccer Mom’s Bust

In 1997 a soccer mom named Gail Atwater was bringing her two young children back from practice. She was almost home, travelling 15 miles an hour, when a Lago Vista, Texas, police officer stopped her pickup because she wasn’t wearing a seat belt.

The policeman arrested her in front of her children, handcuffed her, searched the truck, and took her to jail. There she was locked in a cell until she came up with a $310 bond for a $50 misdemeanor. She got home to find that on top of everything else, her truck had been towed.

It was okay, though.

Because on April 24, 2001, the United States Supreme Court decided, 5-4, that none of this violated Ms. Atwater’s constitutional right to be free of “unreasonable searches and seizures.” Among the majority, as is usual when the Bill of Rights is being undermined, was Justice Antonin Scalia.

On December 14, 2000, The New York Times ran the following copyrighted pictures of three Supreme Court justices leaving for home after the Court appointed George W. Bush president. The one on the bottom, the only one not wearing his seat belt, is Antonin Scalia. It was at that time, and had been since 1985, illegal under Section 40-1602 of the District of Columbia code to drive without a seat belt in place. Justice Scalia was not, however, seized, cuffed and jailed. Luckily for him, he had not yet got around to ruling that the Constitution permitted such a thing.



May, 2001


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Copyright © 2004 by Jerome Doolittle
remnant@badattitudes.com