AFGE Local 1533 v. Cheney
Court of Appeals for the Ninth Circuit
1Opinion of the Court
KOZINSKI, Circuit Judge.
Once again we consider the constitutionality of a government-sponsored drug testing program, this time the Department of the Navy’s random drug testing of civilian employees who hold Top Secret with Access (TSA) security clearances.
Facts
There is relatively little dispute over the facts. On June 30, 1989, the Navy issued Civilian Personnel Instruction 792-3 outlining a drug testing plan for its civilian employees. Under the plan, the testing is conducted in accordance with the “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” 53 Fed.Reg. 11,-970 (Apr.…
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