Friday, June 23, 2006

So long Stare Decisis

On Thursday, June 15, in a benchmark ruling, the Federal Supreme Court decided that evidence gathered in a "no knock" search can be used in court . Past decisions by the court has generally protected a citizens right to privacy by forcing police to forfeit evidence gained illegally. This decision was passed by a 5-4 margin, and is credited to the two new judges elected by President George Bush. Judge Sandra Day O'conner would have likely voted to uphold the ban on using evidence gathered in "no knock serches." Justice Antonin Scalia called the failure to knock a "preliminary misstep." No knock searches have been sanctified in cases where there is emanate danger; however, on the case decided on Thursday, Hudson, Jr., Petitioner v. Michigan, there was no imminent threat to the police officers. When asked why he thought it was appropriate, now, to break precedence, Scalia answered that "we are living in different times."

What is different about the "times" we are living in now? We are currently living in a generation where we are seeing our constitutional rights stripped away from us; our government makes no apologies for illegally wiretapping it's own citizens. (The FBI has also admitted to wiretapping members of the press who are NOT suspected terrorists.) Judge Scalia, isn't now the time that we the people need the most Judaical protection from our government?

Congressional midterm elections are just around the corner. Though California is not a key "battleground" state, we can continue to spread our voice. Our congress is supporting a tyrannical president. We are operating at our highest national deficit in the nations history. And worst of all, our constitutional rights are disappearing right before our eyes. Election day is the day for voters to send congress a message loud and clear that we demand the protection of our civil liberties.

Cody Hobbs

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