CourtCenter

  • Aired:  04/03/12
  •  | Views: 173,009

While conservatives and liberals exchange convictions about judicial review, the Supreme Court rules to allow strip searches following any arrest. (4:19)

(CHEERS AND APPLAUSE).

>> Jon: WELCOME BACK.

LAST WEEK WE WERE TALKING... THE SUPREME COURT OF THE UNITED STATES HEARD ARGUMENTS IN THE

LANDMARK CASE OF OBAMACARE V.

FREEDOM AND...

(LAUGHTER).

FROM NOW UNTIL THE COURT'S JUNE DECISION ALL WE CAN DO IS WAIT.

UNLESS SOMEONE WANTS TO MAKE SOME KIND OF POST-CLOSING ARGUMENT.

>> ULTIMATELY I'M CONFIDENT THAT THE SUPREME COURT WILL NOT TAKE

WHAT WOULD BE AN UNPRECEDENTED EXTRAORDINARY STEP OF OVERTURNING A LAW THAT WAS

PASSED BY A STRONG MAJORITY OF A DEMOCRATICALLY ELECTED CONGRESS.

>> Jon: WELL, THAT WAS VAGUELY AND HALTINGLY THREATENING.

(LAUGHTER) YEAH, I'M SURE THE COURT WILL CONSIDER THE PRECEDENT SET FORTH

IN THE CASE OF "THAT'S A LOVELY FAMILY YOU GOT THERE" V. "IT

WOULD BE A SHAME OF ANYTHING HAPPENED TO THEM." (LAUGHTER) CONSERVATIVES POINTED OUT

LIBERALS DON'T UNDERSTAND JUDICIAL REVIEW.

>> THAT WAS ESTABLISHED BY MARBURY V. MADISON BACK IN THE EARLY 1800s AND EVER SINCE

THEN NO SERIOUS LEGAL SCHOLAR IN 175 YEARS HAS QUESTIONED WHETHER OR NOT THE SUPREME COURT CAN

THROW OUT A LAW THAT IS UNCONSTITUTIONAL.

>> Jon: YEAH, WE ALL HAVE WIKIPEDIA.

(LAUGHTER) THAT'S JUST WHAT CONSERVATIVES BELIEVE.

THE JUDICIAL BRANCH'S JOB IS TO DETERMINE WHAT LAW IS UNCONSTITUTIONAL AND THROW THEM OUT.

THAT'S WHAT CONSERVATIVES BELIEVE.

WELL...

>> CALIFORNIA ALONG WITH SO MANY OTHER STATES DEFINING TRADITIONALLY WHAT MARRIAGE IS

AND TO SEE THAT THIRD BRANCH OF GOVERNMENT UNDERDOING THE WILL OF THE PEOPLE IT'S FRUSTRATING.

>> Jon: THAT'S DIFFERENT THAT WAS A LAW BANNING GAY MARRIAGE

BECAUSE THEY DIDN'T WANT JUDGES TO INTERVEER.

LIBERALS ARE CONSISTENT THAT THEY DON'T WANT JUDGES TO INTERFERE.

>> IT'S BEEN A TRUE.

THEY COURTS HAVE THE AUTHORITY TO SAY WHAT THE LAW IS.

EVEN TO INVALIDATE STATUTES ENACTED BY THE ELECTED BRANCHES OF GOVERNMENT WHEN THEY CONFLICT

WITH THE CONSTITUTION.

>> Jon: RIGHT, BUT UNLESS THE LAW IS WITH REGARD TO HEALTH CARE WHICH LIBERALS DON'T

WANT... THINGS CONSERVATIVES WOULD LIKE TO OVERTURN BECAUSE UNELECTED JUDGES SHOULD HAVE

THAT POWER TO DO THAT.

>> WE CONSERVATIVES STAND FOR CAUSES THAT ARE TOO IMPORTANT TO

ALLOW UNELECTED JUDGES TO FORCE THEIR OWN BIASES ON AN UNWILLING NATION.

>> Jon: RIGHT.

BUT THAT WAS... YOU SAID THAT THREE YEARS AGO.

LORD KNOWS WHAT YOU THINK NOW.

(LAUGHTER) MEANWHILE CONSERVATIVES AND LIBERALS, WHILE THEY'RE BUSY

EXCHANGING PLACES WITH EACH OTHER'S MOST DEEPLY HELD CONVICTIONS EVERYONE SHOULD LOOK

OVER HERE BECAUSE I THINK THOSE JUSTICES MIGHT BE UP TO SOMETHING.

>> THE SUPREME COURT HAS RULED POLICE NOW HAVE THE RIGHT TO STRIP SEARCH ANYONE BOOKED INTO

JAIL, EVEN PEOPLE WHO COMMIT MINOR OFFENSES LIKE FAILING TO WEAR A SEAT BELT, MAKING AN

ILLEGAL U-TURN OR EATING ON THE SUBWAY.

GET IT?

WHILE EVERYONE'S CIRCLE JERKING HEALTH CARE THE COURT JUST COD PAID TO STRIP SEARCHES FOR ANYTHING.

EVER.

TRAFFIC TICKETS, JAYWALKING.

PROTESTING.

IF THAT DOESN'T SEND A CHILL UP YOUR NOW-UNCOVERED SPINE HOW ABOUT THIS?

WHAT IF SOMEDAY MATT LAUER MAKES AN ILLEGAL U-TURN?

YEAH!

THAT'S RIGHT!

THE RULING THAT ANYONE WHO'S ARRESTED EVEN ACCIDENTALLY CAN BE STRIP SEARCHED WAS DECIDED

5-4 WITH THE VOTES FOR THE SEARCHES COMING FROM THE FIVE CONSERVATIVES, YOU KNOW, THE

DEFENDING PERSONAL LIBERTY GUYS WHICH IS WEIRD BECAUSE I'M NOT A

CONSTITUTIONAL SCHOLAR BUT I'M WILLING TO GET BIG GOVERNMENTS

ITS BIGGEST WHEN IT'S INSIDE YOUR ANUS.

(LAUGHTER) A SWING VOTE GUY, KENNEDY, YOU WROTE IN THIS GEM.

EXPLAIN YOURSELF.

>> JUSTICE ANTHONY KENNEDY SAID PEOPLE PICKED UP FOR THE MOST MINOR OFFENSES CAN TURN OUT TO

BE DANGEROUS CRIMINALS NOTING THAT OKLAHOMA CITY BOMBER TIMOTHY McVEIGH WAS ORIGINALLY

ARRESTED FOR DRIVING WITHOUT A LICENSE PLATE ON HIS CAR.

>> OH, RIGHT AND BECAUSE WE DIDN'T STRIP SEARCH HIM YOU NEVER FOUND THE EXPLOSIVE-PACKED

VAN HE WAS HIDING IN HIS ASS.

(LAUGHTER) I GUESS THE JUDICIAL PRINCIPAL IS SINCE ANYONE COULD BE A

CRIMINAL LET'S TREAT EVERYONE LIKE THEY'RE CRIMINALS.

WHICH AT LEAST TAKES US A STEP CLOSER TO HEALTH CARE REFORM.

IF WE COULD TRAIN POLICE TO DIAGNOSE PROSTATE TUMORS WE'RE JUST ONE BURRITO AWAY

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