In October of last year I wrote a blog post about the possible Supreme Court case involving boobie bracelets. Today the Supreme Court decided against hearing the case which essentially means none of the justices disagreed substantially with the Appeals Court decision. This means that the boobie bracelets win.
I’ll recap quickly. Boobie Bracelets are designed to promote Breast Cancer Awareness. The Easton Area school district in Pennsylvania thought the word boobie was lewd and obscene and banned the bracelets. Two young girls refused to honor the ban and were suspended.
In court the school district changed their story somewhat and claimed that the bracelets were disruptive. In a series of opinions it was determined that the district could not show that classes were disrupted and the girls were victorious at every turn.
I wrote in my original blog that the school district was stupid for attempting the ban, stupid for pursuing the case, but that it was their right to ban anything they wanted. Apparently I was wrong. If something is not lewd, not disruptive, and there isn’t an existing dress-code rules violation; they can’t ban a piece of apparel.
I thought a quick course in Supreme Court processes might be interesting for my readers. I wrote above that refusing to take the case meant that none of the justices wanted to hear it. That’s technically inaccurate. The justices gather in a conference with just the nine members; no clerks, no one else.
The rules state that if four justices want to hear the case then it comes before the court. The reality is that if even a single justice feels passionately about a case the others will generally acquiesce. If the case goes unheard it usually means that no one felt strongly enough to argue for it. There are exceptions of course.
Another interesting insight into this case is that the original suspensions happened in 2010 and it took nearly four years to make its way through the system. The girls are now in high school and making preparations for college. The suspension is but a distant memory. Still, there has to be some feeling of vindication.
As for the Easton Area school district, well, if I were a taxpayer in that district I’d be quite angry about how my money was being used. I’d think about voting for someone else come election time for the school board. But, that’s me.
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