Wednesday, September 29, 2004

"And, Now, Put Your Hands Together for America's Favorite Funny Man--and Supreme Court Justice--Antonin Scalia! C'mon! Give It Up!"

In a freewheeling question-and-answer session following the justice's prepared remarks, an African-American graduate student challenged Scalia to defend the constitutionality of racial profiling.

The Kennedy School Student, Larry Harris Jr., said that his Fourth and 14th Amendment rights had been violated when he was pulled over in Cambridge for &mdash as he put it &mdash "driving while black."

Scalia was less convinced.

"What the Fourth Amendment prohibits is 'unnecessary' search and seizure," the justice said. "Is it racial profiling prohibited by the Fourth Amendment for the police to go looking for a white man with blue eyes? Do you want to stop little old ladies with tennis shoes?"

The eccentric justice launched into a parody of a police radio dispatch under a scenario in which profiling were prohibited. "The suspect is 5'10, we know what he looks like, but we can't tell you," Scalia quipped &mdash drawing laughter from the audience.


And he's drawing a some belly laughs here, as well. Snicker, snigger, snort, snort. I mean, it's so funny, because it's true.

No, wait. It isn't. That parody isn't about racial profiling at all.

Racial profiling has nothing to do with searches by police officer seeking specific individuals for specific crimes: That's legitimate. What we're talking about is police officers questioning 5'10 black males because in the past, 5'10 black males have committed crimes of some sort or another: That isn't.

That's what's at issue. Scalia knows that, but instead of engaging one of the few audiences with the expertise to appreciate his insights on this matter, discussing its distinctions and nuances and shadings, he gave them (and us) a few minutes of his stand-up routine &mdash what a madcap!

I mean, I'm still laughing at the suggestion that, somewhere in this great land, there's a police force pulling over white, blue-eyed males without just cause.

Whew &mdash ha,ha--that man does have a gift. Mercy.

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