America may be about to find out the answer to a question that has vexed constitutional scholars for decades: what do Justice Antonin Scalia and the rest of the Supreme Court justices think about boobies?
A Pennsylvania school district announced this week that it will appeal a decision by the U.S. 3rd Circuit Court of Appeals holding that the district cannot ban breast cancer awareness bracelets bearing the phrase “I (heart) Boobies!”
The Easton Area School District school board approved the appeal by a vote of 7-1, reports The Express-Times.
Easton Area solicitor John Freund will now take the case to the highest court in the land — at a cost ranging between $2,000 and $3,000 (to be paid by covered by the district’s insurer).
The chances that the Supreme Court will accept the appeal are not good. The Supremes receive about 10,000 petitions for a writ of certiorari each year. From those petitions, the Court usually selects fewer than 80 cases.
Nevertheless, school district officials are hopeful, and serious.
“The Third Circuit Court has compromised administrators’ abilities to intervene in what is and what is not appropriate in school,” Superintendent John Reinhart told the Express-Times.
Freund said he believes the case stands a “reasonable chance of being selected.” He added that a number of organizations have endorsed the appeal including the National School Boards Association and the National Association of School Psychologists.
Board member Baron Vanderburg was among the seven supporters of the appeal.
“We as a whole feel like it was the right thing to do,” he told The Express-Times.
The lone school board dissenter, Frank Pintabone, just wants to move on.
“I think we should be done with it. Let it go,” he told the local newspaper. “We lost 20, 30 times, I don’t even know anymore.”
The “I (heart) Boobies!” litigation has been going on for almost three years. (RELATED: Full federal appeals court hears arguments in ‘I (Heart) Boobies!’ bracelets case)
It all started in 2010 when two students at Easton Area Middle School, 15-year-old Brianna Hawk and 14-year-old Kayla Martinez, defied a previously-imposed ban and wore the bracelets — distributed by the Keep A Breast Foundation — on school premises.
The female students have said they only wanted to show their support for breast cancer awareness.
School officials responded by suspending the students for a day and a half and prohibiting their attendance at a school dance.