Appeals Court Strikes Down Drug Testing Law |
Posted by FoM on December 29, 1999 at 07:54:10 PT By Alan Clendenning, Associated Press Writer Source: NOLA Live Louisiana's law requiring random drug tests for elected officials is unconstitutional, a federal appeals court ruled, rejecting arguments that citizens need protection from drug-abusing lawmakers. But Gov. Mike Foster, a key supporter, will appeal the decision to the U.S. Supreme Court, said his spokeswoman, Marsanne Golsby. The law, originally scheduled to go in effect in January, 1998, was part of a drug-testing package described as one of the most sweeping ever passed in the country. But the 5th U.S. Circuit Court of Appeals on Tuesday upheld a federal district judge who struck down the law last year, calling Judge Eldon Fallon's decision "complete and well-crafted." Fallon said the law violated the U.S. Constitution's Fourth Amendment protection against illegal search and seizures. He also said state officials failed to show a special need to test elected officials. The law required 10 percent of all state and local officials to be randomly tested each year. Officials who refused would have faced fines of $10,000 and censure. Under the law, results of the a first round of drug tests would have been kept private. When drugs were detected, second tests would have been administered within six months. If they showed positive signs of drugs, the officials' identities would have become public. The ruling was no surprise to William Rittenberg, the lawyer who represented state Rep. Arthur Morrell, a New Orleans Democrat, in the suit against the law. Rittenberg said Foster and others wasted public money by passing and defending the law because the U.S. Supreme Court had already ruled that candidates for public office cannot be tested for drugs. "This wasn't a case that required any deep thinking," Rittenberg said. "I think any reasonable lawyer knew the Supreme Court had already decided this issue." Published: December 29, 1999 Home Comment Email Register Recent Comments Help |
Comment #4 posted by rob on March 20, 2000 at 14:09:36 PT:
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Comment #3 posted by GOODY on January 01, 2000 at 23:54:08 PT:
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Comment #2 posted by Happy on December 30, 1999 at 01:31:58 PT |
Comment #1 posted by kaptinemo on December 29, 1999 at 17:31:56 PT |
A politician is in a unique position; with the stroke of a pen he can cause wholesale misery - like the War on (Some) Drugs. He can create roadblocks to justice. He can perpetuate corruption. He can make laws that can have disastrous effects on our national security. And, with this automatic presumption of being above suspicion, he then turns around and demands that *we* abide by laws he refuses to adhere to.
And he doesn't have to be tested for drugs?
'Some animals are more equal than others.' - Animal Farm
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