Then De Carli notes that a girl was recently arrested for simply eating fries in the Metro. O'Connor isn't joking though. She demands of George. This is an amazing case. Only Scalia seems to have few problems with today's shadow case the egregious behavior of Officer Turek.
People are unlikely to eat fries in the D.C. subway, and they'll belt up their kids.
The Supreme Court could have said all of this, of course. But they have graciously offered their brethren in the Florida Supreme Court the chance to save face, rectify the earlier decision and avoid outright reversal. The per curiam opinion has the full force and effect of the Supreme Court's authority without much opportunity for partisan discrediting. The Court, like all right-thinking people, would like to squish him like a bug. But the Court is caught in hypothetical hell, worried that the law will quickly slide down a slippery slope whichever way the court rules.