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Federal Court Rules That TSA ‘Naked Scans’ Are Constitutional
Forbes ^ | July 15, 2011 12:13pm | Kashmir Hill

Posted on 07/17/2011 6:38:06 PM PDT by newzjunkey

Last weekend, a Tennessee woman was arrested at the Nashville airport for disorderly conduct after she refused TSA security measures for her children. The woman didn’t want her two children to have to go through a whole-body-imaging scanner. When a Transportation Security Administration officer told her the machines were safe, she said, “I still don’t want someone to see our bodies naked.”

She won’t be pleased with a ruling then out of the D.C. Circuit today. This morning, the federal court ruled that the “naked scans” of air travelers do not violate Americans’ constitutional rights. Privacy rights group EPIC had sued the Department of Homeland Security, alleging violations of innocent passengers’ Fourth Amendment right to be free of unreasonable searches. The court says that argument doesn’t fly...

(Excerpt) Read more at blogs.forbes.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 4thamendment; dccircuit; dhs; douglasginsburg; epic; fourthamendment; ginsburg; naked; searches; tsa; tsapervs
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the opinion"
1 posted on 07/17/2011 6:38:17 PM PDT by newzjunkey
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To: newzjunkey

I believe they are saying that if you buy a ticket to get on a plane , you waive all rights to privacy.

I don’t have a problem with that, i have no intention of getting on one. A two week boycot of all planes flying would bring this BS to a screeching halt.


2 posted on 07/17/2011 6:42:49 PM PDT by Venturer
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To: newzjunkey
The TSA says:

We're not Nazis except for what we think, say, and do! :)


3 posted on 07/17/2011 6:43:32 PM PDT by I see my hands (Embrace misanthropy)
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To: newzjunkey

Push it up to SCOTUS..


4 posted on 07/17/2011 6:47:25 PM PDT by max americana (FUBO NATION 2012 FK BARAK)
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To: newzjunkey

We need a photoshop of the burning twin towers, one labeled “Fourth Amendment” and the other labeled “Second Amendment”


5 posted on 07/17/2011 6:47:24 PM PDT by lightman (Adjutorium nostrum (+) in nomine Domini)
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To: newzjunkey

6 posted on 07/17/2011 6:51:25 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: newzjunkey
Wow.

What's a Constitution again? Is it something with a bunch of laws we simply ignore now?

7 posted on 07/17/2011 6:51:33 PM PDT by Lazamataz (If you pet a tiny goose, you will feel a little down.)
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To: newzjunkey

Naked scans of travelers are ipso facto unreasonable search under the Fourth Amendment.

If naked xray scanning is not unreasonable, what is? Bone biopsies?

These days I just don’t fly. I have amassed literally millions and millions of frequent flier miles over the years, so believe me, airlines must notice it. Everything about air travel is just to unpleasant now I just don’t do it.

If I can’t drive, these days I just don’t go.


8 posted on 07/17/2011 6:53:35 PM PDT by FlyingEagle
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To: Venturer

Except for certain rights that are inalienable. It doesn’t matter if one chooses to fly or not, unlawful search and seizure is a God given right that can’t be taken away.


9 posted on 07/17/2011 6:54:21 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: Venturer

A two week boycot of all planes flying would bring this BS to a screeching halt.”

Wish I could agree with you but I think BO would prefer that we have absolutely no way to travel more than 40 miles from our home. Keep the folks confined and they are easier to control. He certainly does not seem to care whether airlines survive or not. The number of TSA agents that we are paying with our tax dollars does not seem to correlate in any way with the number of flights or passengers. And now they have the union to ensure their longevity.


10 posted on 07/17/2011 6:57:19 PM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: Venturer
A two week boycot of all planes flying would bring this BS to a screeching halt.

I was just thinking the same thing, only an indefinite boycott until they disband the TSA.

11 posted on 07/17/2011 6:58:40 PM PDT by E. Pluribus Unum ("A society of sheep must in time beget a government of wolves." - Bertrand de Jouvenel des Ursins)
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To: newzjunkey

This is like saying, “If you get on a freeway it is federal property and you are subject to naked strip searches.”

Or, If you go to Washing DC, it is federal property and you are subject to naked strip searches.”


12 posted on 07/17/2011 7:01:23 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: Lazamataz

“What’s a Constitution again? Is it something with a bunch of laws we simply ignore now?”

Forget it! It is an artifact of history, and of no concern for untermenschen.

Work makes free!

Yes we can!


13 posted on 07/17/2011 7:02:29 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: FlyingEagle

“If I can’t drive, these days I just don’t go.”

Same here.


14 posted on 07/17/2011 7:02:49 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: Venturer
A two week boycot of all planes flying would bring this BS to a screeching halt.

I believe you may be right.

15 posted on 07/17/2011 7:03:28 PM PDT by the invisib1e hand ("America will cease to be great when America ceases to be good." -- Welcome to deToqueville.)
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To: newzjunkey
Last weekend, a Tennessee woman was arrested at the Nashville airport for disorderly conduct after she refused TSA security measures for her children

Let's just stop and ponder this: arrested -- put in handcuffs -- God only knows what happened to the children -- with a friend, taken into custody? -- brought to jail; wastes half a day making bail; must appear in court; must pay lawyer; more lost time. Now has an arrest record and her travel plans are down the drain. All because she refused TSA's demand that she force her children to be exposed to strangers.

God bless this mother. God help us all. God damn this system.

16 posted on 07/17/2011 7:08:15 PM PDT by the invisib1e hand ("America will cease to be great when America ceases to be good." -- Welcome to deToqueville.)
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To: E. Pluribus Unum

Just wait until the TSA is unionized. Govt thug union. Great.


17 posted on 07/17/2011 7:09:59 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: the invisib1e hand

What if the perpetrator, the traitor-in-chief, has it as his secret goal to cripple and destroy our evil capitalist system?

The most successful communist traitor mole in history is laughing up his sleeve.


18 posted on 07/17/2011 7:12:57 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: the invisib1e hand

thanks Jerk! I work in the Airline business and trust me, we hate it just as much as anyone else, but my livelihood for my family depends on this. Can i live at your house when you make me lose my job?


19 posted on 07/17/2011 7:14:20 PM PDT by airplaneguy
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To: Venturer

I do have a problem with it because we have the fundamental right to travel and work which demands air flight a lot of times. It doesn’t matter that it is a private company when it is government regulations and rules which are forcing this invasion of our Constitutional rights of unreasonable search, etc. Israel has it right—and do a great job at security and they do NOT put just any arbitrary person through such invasive security—only those profiled which is legal, since it is using reason and Justice—the basis of our Constitution.

Muslims attacked so it is reasonable to search and punish that “group” although Marxists with their irrational PC unconstitutional ideology, would say it is illegal to profile. What are they saying? It is illegal to use reason? Yes—for Marxists, but not the US which is based on reason, logic and science (Natural Law Theory).

PC intentionally kills reason and logic, which will destroy everyone who lives by that philosophy. That is why our Marxist judges are preventing reason and logic from our legal system, starting years ago with Oliver Wendell Holmes and his insane idea that laws should be divorced from morality....an absurd idea that comes directly from John Austin and Mills and the irrational postmodernists.

Our government was founded and established with the Modern philosophy of Locke and Blackstone and it is antithetical to Postmodernism. So—we have no Constitutional amendments that switched our Constitution (yet) to this irrational state—so why are we following dictates from Marxists who infiltrated our “justice” system. Clarence Thomas and Scalia need to stand up.

They would have a right to only search those who come from Muslim countries or are suspicious by other reasonable analysis. That is in the Constitution and our rights, NOT suspendible in this instance by arbitrary, unreasonable, irrational laws.

We fundamentally can never allow people who are not suspected of anything to go through this invasive search. It is unreasonable and only belongs in a fascist Marxist country, where the sick ideology of political correctness had its origin. It is Marxism and doesn’t belong in the USA.


20 posted on 07/17/2011 7:15:21 PM PDT by savagesusie (Virtue is a habit of the mind, consistent with nature and moderation and reason. Cicero)
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To: CodeToad
It's like saying if you want to get on board that airplane, which is private property, you need to do xyz, else walk or drive ~ on a public road.

Not quite sure where you are heading with your idea of what is or is not federal property, but virtually none of the highways in the United States are federal property.

21 posted on 07/17/2011 7:15:44 PM PDT by muawiyah
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To: Venturer

I agree. I’m done flying. Car or boat for me.


22 posted on 07/17/2011 7:18:17 PM PDT by ExpatGator (I hate Illinois Nazis!)
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To: savagesusie
We need to RESTRICT the travel rights of people who come from certain foreign countries, even if they've become citizens.

None of them should be allowed to get on board airplanes.

Others, from various other countries, need to be restricted in different ways.

23 posted on 07/17/2011 7:18:25 PM PDT by muawiyah
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To: the invisib1e hand

My understanding was that the xray scanners were not recommended for children. Did that change?


24 posted on 07/17/2011 7:18:42 PM PDT by ladyjane
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To: FlyingEagle
Naked scans of travelers are ipso facto unreasonable search under the Fourth Amendment.

This is such an obvious truth, I wonder how anyone can abide by it. Seems that GWB made some terrible decisions in the aftermath of 9/11.

I also don't travel far. I wouldn't go through the airport scan for love or money. The powers given to Federal agencies by the Patriot Act (so-called) are instruments for abuse and oppression under our commie/muslim POTUS now.

25 posted on 07/17/2011 7:18:57 PM PDT by ARepublicanForAllReasons (The world will be a better place when humanity learns not to try to make it a perfect place)
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To: newzjunkey

TSA agents who step past the screening apparatus into the secure boarding area should have to be scanned or felt up each time they pass from the non-secure area to the secure area.

How can we trust them to NOT carry in a weapon and pass it to a terrorist? We can’t.

There are people from all walks of life and from all religions working for TSA in the secure areas. Just because they work for the TSA doesn’t mean they are trustworthy. Some have already been caught stealing and breaking the law.


26 posted on 07/17/2011 7:19:04 PM PDT by Iron Munro (The more effeminate & debauched the people, the more they are fitted for a tyrannical government.)
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To: Venturer

So then it is OK to be shackled hand and foot to the aircraft seats during flight since you waived your right to freedom, correct?

And it is OK, to have all reading material you bring confiscated on the aircraft as well since you waived your 1st amendment right when you fly, correct? In fact, they can force you to pray to Allah as well, if your 1st Amendment right to the free exercise of religion is waved at the boarding gate.

And the airlines can confiscate your wallet, your luggage and other property on a whim since you waived your 5th amendment right against taking property without due process and compensation.

And for that matter you could enslave all blonde people and make them serve the meals to others since you also waive that right as well.

And since you waived your 6th amendment right to a speedy jury trial by your peers, the pilot could try and sentence you right on the plane, without legal counsel. They could fine you a million dollars for an infraction conviction right there on the aircraft because, hey, you waived your rights.

Do you see how stupid it sounds to say you have waived your rights just because you are on private property. You can’t waive your rights. They are your God-given rights. They aren’t waivable.

What we have is another progressive leftist asswipe judiciary spinning the “living constitution” to mean whatever they want it to mean. The ruling is flat wrong. Plainly wrong. You can’t be searched without reasonable suspicion and you as an individual do not have reasonable suspicion unless there is a SPECIFIC FACTUAL basis for that. Just being in line for a plane ride is not reasonable suspicion. It’s not.

This ruling is clearly unconstitutional.


27 posted on 07/17/2011 7:19:51 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: Venturer

28 posted on 07/17/2011 7:21:54 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: newzjunkey

All your naughty bits are belong to us.


29 posted on 07/17/2011 7:23:59 PM PDT by relictele (Pax Quaeritur Bello)
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To: newzjunkey

This is a sad ruling closer to Plessey v Ferguson than Browder v Gayle.


30 posted on 07/17/2011 7:25:43 PM PDT by bvw
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To: ladyjane

The scanner at Dulles is not like the other ones. I could really care less, doesn’t bother me at all.


31 posted on 07/17/2011 7:30:20 PM PDT by Perdogg (0bama got 0sama?? Really, was 0sama on the golf course?)
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To: newzjunkey

The hard part is that you can opt for a full pat down. That means the scan is optional, and thus not a Constitutional issue as AFAIK pat downs are deemed acceptable.

I don’t fly anymore.


32 posted on 07/17/2011 7:31:15 PM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: Venturer
By the way, you should be familiar with VIPR -- Visual Intermodal Prevention and Response. Look it up. It is the fledgling arm of the TSA that is going after other types of transportation like trains and driving. Intermodal means, trains, subways, cars, buses and boats.

Please note that this is the TRANSPORTATION Security Agency. Not the AIRLINE Security Agency. The airlines are just the first area where they have saturated their presence and taken your freedom. As soon as they can staff up the army of civilians Obama promised to make, they will have TSA personnel screening you at train & subway stations, boat terminals, and various locations you drive on the roadways. Did you really think the TRANSPORTATION Security Agency would limit its power only to airlines?

So when you say in cavalier fashion you won't be affected because you don't fly, think again. If you let TSA stand, VIPR will be everywhere. And there will be more and more acronymed agencies doing strip searches, coming to a place near you. Good luck with that.

33 posted on 07/17/2011 7:31:38 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: Venturer
I don’t have a problem with that, i have no intention of getting on one.

They put body scanners in airports, and I didn't object because I didn't intend to fly.

Then they put them in bus terminals and train stations, and I didn't object because I prefer to drive.

Then they put them at highway checkpoints and shopping malls, but by that time they were everywhere and it was too late to object.

34 posted on 07/17/2011 7:32:28 PM PDT by giotto
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To: giotto

Bingo. You get it. We end this at airports or you will see TSA Nazis the second you step beyond your front door. Don’t be so sure they won’t scan through your front door either.

I realize that almost all of us here are against the TSA, but some here think it only applies to airlines, as if they can avoid TSA by avoiding flying - which many people in business cannot avoid.

You get it. TSA will expand to ALL forms of transportation. Riding a bicycle is transportation and so is walking. There is NO limit on what the TSA can do if we don’t retake the Senate and Presidency and DEMAND from our representatives that they decommission TSA and disband Homeland Security. Go back to making the FBI and CIA work together without the Nazi go between.


35 posted on 07/17/2011 7:38:46 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: CodeToad
Or, If you go to Washing DC, it is federal property and you are subject to naked strip searches.”

Maybe Weiner was just engaging in a pre-emptive search.

36 posted on 07/17/2011 7:40:20 PM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: muawiyah

It is all just common sense. You would think that with OUR history of Common Sense (Thomas Paine and Thomas Reid) being the basis of our government we could easily figure this out. Marxist indoctrination makes it impossible for some of our irrational judges who think “up is down”. They need to be disbarred immediately and we have to get back to the principles of our Constitution and Just Law. They have distorted our legal system for 100 years or more...infiltrated it and it is unrecognizable.

It is time to change it BACK. It was never amended so what they are doing is unconstitutional.

We could if it weren’t for the subversion of our legal system by the infiltration of the Fabian socialists who have undermined the Rule of Law and Just Law for the last one hundred years to overthrow our exceptional government from within since it was too strong to defeat from without.

Destruction of the Rule of Law is No. 1 plan—destroy all our institutions is 2nd—education check—marriage and contracts—check-—private property—check! The evil Marxists are destroying us...time to wake up and fix the system. It is designed for Rule of Law and Just law by We the People. Not arbitrary senseless laws made up with no reason and logic. Cicero called this Positivism and political law— EVIL and unequal law—gives power over others to certain groups....makes serfs....which we are becoming if we do not change it NOW.


37 posted on 07/17/2011 7:40:28 PM PDT by savagesusie (Virtue is a habit of the mind, consistent with nature and moderation and reason. Cicero)
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To: newzjunkey

So . . . if we aren’t allowed our privacy to the point of forced indecent exposure, how is it that our privacy rights extend to the killing of innocent babies and are beyond the legal control of anyone but the woman getting an abortion?


38 posted on 07/17/2011 7:42:01 PM PDT by WorkingClassFilth
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To: newzjunkey

Flight free since September 2002.

I was poked in my belly at the airport and almost blew up.

Told the missus that I was afraid of my reaction the next time this happens.So we drive, or don’t go. Period.

I flew a lot, but I don’t miss it. Even 9 years ago, ti was like being in a city bus , but in the sky. I remember a more genteel time for air travel. Now, it’s cattle car time. If you’re good, they MIGHT throw you a bag of peanuts. We’re still flying aircraft designed over 40 years ago. Someone call me when we have hypersonic flight.

I don’t care what the court says, we need legislators to stop this cold. This is unconstitutional search.

If this was the Founders’ generation, there would be a shooting war by now.

The TSA and Homeland Security are good only at beginning a police state—they are not protecting us nor securing our borders.


39 posted on 07/17/2011 7:48:40 PM PDT by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: airplaneguy

Let me get this straight. You hate this as much as anyone but you will blame the people that are trying to get rid of it if you lose your job.


40 posted on 07/17/2011 7:48:57 PM PDT by Gumption
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To: newzjunkey
The court says that argument doesn’t fly...

The courts need to guess again.

41 posted on 07/17/2011 7:50:21 PM PDT by GingisK
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To: newzjunkey
can someone please explain to me exactly why the scanners show ANYTHING that is not man made???

anything like soft tissue show not show up at all.

it's s simple filter routine to not display anything in the color range of soft tissue... it's not rocket science

42 posted on 07/17/2011 7:53:01 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Venturer
I believe they are saying that if you buy a ticket to get on a plane , you waive all rights to privacy.

That does seem to be what they are saying, but the court needs to do a far better job explaining why buying a ticket from a privately-owned business to get on a privately-owned airplane entitles the government to see you naked, or feel up your naughty parts.
43 posted on 07/17/2011 8:05:10 PM PDT by fr_freak
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44 posted on 07/17/2011 8:05:52 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: exit82
Flight free since September 2002.

That's around the last time I flew as well. Hearing of the complaints, seeing the overreach I'm just not that interested. I used to love flying.

I asked myself, with all this security theater how many perps has TSA caught?

45 posted on 07/17/2011 8:18:32 PM PDT by newzjunkey
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To: Lazamataz

Give Ginsburg a break. He might have been high when he wrote the opinion.


46 posted on 07/17/2011 8:21:58 PM PDT by B Knotts (Just another Tenther)
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To: muawiyah

If their country of origin renders them too dangerous to board American airplanes,then wouldn’t that make them too dangerous to set foot in the USA, let alone become citizens?


47 posted on 07/17/2011 8:23:52 PM PDT by liberalism is suicide (Communism,fascism-no matter how you slice socialism, its still baloney)
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To: newzjunkey

You know the answer. Zero.


48 posted on 07/17/2011 8:24:11 PM PDT by B Knotts (Just another Tenther)
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To: newzjunkey

Federal Courts make all kinds of screwy decisions. That is why we have SCOTUS.


49 posted on 07/17/2011 8:26:56 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: liberalism is suicide

They suffer from “bomb the plane” psychosis ~ they walk around fine ~ and should be encouraged to do so.


50 posted on 07/17/2011 8:28:33 PM PDT by muawiyah
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