Dahlia Lithwick writes in Slate on the Supreme Court’s torturous justification of high-school urine tests in Board of Education of Pottawatomie County v. Earls
Thomas finally eviscerates the public safety requirement that once characterized all the “special needs” exceptions. Railroad workers and customs officers endangered the public with drug use. Students, Thomas says, endanger themselves. And that is enough for the court to approve the program. It’s enough to force every single American to also submit to suspicionless drug-testing, but Thomas neglects to mention this.
Having eviscerated the 4th ammendment, the Supreme Court will next get its shot at Habeas Corpus when the cases of Yaser Esam Hamdi and Jose Padilla eventually reach them (although it wouldn’t surprise me if they failed to grant cert).
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