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WASHINGTON (AP) - The Supreme Court refused to let a state require its elected officials to undergo random drug testing.
The court, acting without comment Thursday, rejected an appeal by Louisiana officials that said such random tests do not violate the Constitution's ban on unreasonable searches because the state has ``special needs'' to deter drug use.
In 1997, the justices ruled in a Georgia case that states cannot force political candidates to take drug tests merely to demonstrate the government's commitment to the war on drugs.
That same year, Louisiana enacted a law requiring elected state officials, except for judges, to undergo random drug tests to ensure they ``are persons of integrity, sound judgment, reliability and seriousness of purpose.''
The officials are to be tested for illegal drugs including marijuana, opiates, cocaine and amphetamines.
Test results would be disclosed only to the elected official and a representative of the state Board of Ethics. Officials who fail would be required to take a second test.
If that test also indicates illegal drug use, the official would face a public hearing, possible censure and a fine of up to $10,000.
The law was challenged in federal court by Avery C. Alexander and Arthur A. Morrell, state lawmakers representing Orleans Parish.
A federal judge struck down the testing program as unconstitutional, and the 5th U.S. Circuit Court of Appeals upheld that ruling in late 1998.
``The public's interest in preventing drug abuse among elected officials, while not insignificant, cannot supersede one of the Constitution's most fundamental proscriptions,'' the appeals court said.
The Constitution's Fourth Amendment generally bans searches not based on ``probable cause'' to suspect a crime.
But in previous rulings, the Supreme Court has allowed random searches for railroad workers and U.S. Customs agents who enforce anti-drug laws, citing public health and safety.
The court also has allowed random drug testing of student athletes in public schools because of the national concern over drug use by youngsters.
In the appeal acted on Thursday, Louisiana's lawyers acknowledged there had been no proof that state officials had abused drugs. But they said elected officials ``must be beyond reproach'' regarding drug abuse, and that there was a ``real and concrete danger'' that drug use would harm their judgment and official acts.
The lawmakers' attorneys said the appeals court ruling was correct. ``Louisiana says it is joining the drug war; that's not a reason to deprive people of their Fourth Amendment protections,'' the lawyers said.
The case is Louisiana v. O'Neill, 99-1552.
---
On the Net: For the appeals court ruling in O'Neill v. Louisiana: http://www.uscourts.gov/links.html and click on 5th Circuit.
Right. We wouldn't want to deprive our more-equal-than-thou "public servants" of THEIR 4th Amendment protections.
to undergo random drug tests to ensure they ``are persons of integrity, sound judgment, reliability and seriousness of purpose.''
If only it were that easy. What a joke!
FWIW, Alexander and Morell represent districts rampant with crack dealers and gang members. Can't declare war on the homies, now can we?
``The public's interest in preventing drug abuse among elected officials, while not insignificant, cannot supersede one of the Constitution's most fundamental proscriptions,''
It would be interesting to find out what they said on any civilian case regarding random drug testing in the workplace. In the words of Mel Brooks, "It's good to be the king."
The ACLU site (aclu.org) has a lot on this.
Ah, but Michigan has a test similar to this for the elected.
Before you can take office, you have to pay up any outstanding tax bills. Property, income, garbage bills, parking tickets, sewer district, everything.
If you have to prove you are scofflaw free, why not drug and alcohol free? And judges are the best place to start.
Sandy, But the jobs aren't that important. These people only think of ways to run other people's lives {In drug induced states of mind?}. It's not like they were truck drivers or something important. Peace and love, George.
Speaking of the king: they should test our king (POTUS).
If the Drug War and all its incidental tyrannies were visited upon the wealthy and powerful as much as the poor and disenfranchised, it would be declared null and void tomorrow.
I think this is GREAT!!
As a crewmember for a major airline.... I have to yield my constitutional rights at least twice a year.. for random screening--without probable cause... or any other legal considerations--If I refuse, I lose my livelihood.
Now lemme see... How much more "critical" is it that those who govern, rule, spend, and make policy should not be doing so under the influence??
Either these politicos get the random screen... or I should be set free from same-- whose "rights" are we protecting...hmmmm
Regards to all
Perhaps we should drug test the Supremes...Our day will come...
So it's unfair to piss test those who pass laws requiring piss tests.
War is Peace. Freedom is Slavery. Hail to the King, baby.
Theres a ban on unreasonable searches?
Phil
Only for the privileged.
Leaders my ass, they are wannabee our rulers...
or something like that
LOL. I just love when the Court's in session. They're so fun to watch, IMHO.
The court also has allowed random drug testing of student athletes in public schools because of the national concern over drug use by youngsters.
And yet the case at hand has precisely the opposite outcome. These judges are basing their decisions not upon the law but rather their own prejudices.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
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