National Federation of Federal Employees-IAM v. Vilsack

This case concerns drug testing of government employees who work at specialized residential schools for at-risk youth. In my view, Supreme Court precedent and common sense strongly support this narrowly targeted drug testing program. I would affirm Judge Howell’s decision for the District Court upholding the program. I therefore respectfully dissent.

I

Ratified in 1791, the Fourth Amendment prohibits “unreasonable” government searches and seizures. By establishing reasonableness as the legal test, the text of the Fourth Amendment requires judges to engage in a common-law-like balancing of…