"The risk of a terrorist bombing of New York City's subway system is real and substantial," writes a Manhattan federal judge in a 41-page ruling delivered Friday. That's not exactly a news flash, but we're glad to hear official acknowledgment of a fact that the American Civil Liberties Union would prefer to ignore.Rights are extremely important. However, when they interfere with other, more basic rights, such as the right to live, people must understand that certain precautions which some view as an 'infringement' on their rights must be taken. Kudos to Judge Berman for his excellent decision.The New York branch of the once-venerable civil rights organization filed a lawsuit last summer charging that random police searches of passengers' bags were an unconstitutional invasion of privacy. The transit system instituted the searches shortly after the deadly terrorist bombings of London's underground in July. Passengers have the right to refuse inspection and leave the transit system.
In tossing out the suit, Judge Richard Berman called the searches a minimal intrusion and cited police testimony that they were a reasonable method of detecting and deterring a terrorist attack. "Because the threat of terrorism is great and the consequences of unpreparedness may be catastrophic," he said, "it would seem foolish not to rely upon those qualified persons in the best position to know."
We don't know whether Judge Berman takes the train to work, but millions of his fellow New Yorkers do. The vast majority are more interested in stopping potential terrorist attacks than in getting aboard the ACLU's absolutist rights train. Most agree with the assessment of New York Police Commissioner Ray Kelly, who said after the ruling, "Common sense prevails."
Technorati tags: ACLU, New York City, Subway, Judge Berman.
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