Washington state prohibits school drug tests

In what's otherwise an accurate article, the Seattle Times is wrong about one thing: The U.S. Constitution does not allow suspicionless drug tests of student athletes. Folks may think it does, because the U.S. Supreme Court mistakenly allowed them. But the Fourth Amendment is very clear about warrantless searches.

While the Supremes' roguish ruling seemed to give states and school systems the green light for drug tests, the state of Washington balks at this fascism. In a case that's dragged on since 1999, the Washington Supreme Court unanimously declared this month that random drug tests of student athletes violates the state constitution.

I'm glad that issue has finally been laid to rest, at least in Washington. Or maybe not, because I'm sure some activist right-wing legislator is thinking of ways to circumvent the ruling.

I guess the states have to shore up the Fourth Amendment after the federal high court gutted that safeguard. In the '90s when the U.S. Supreme Court first approved drug tests, right-wing Justice Antonin Scalia admitted he and other conservative justices were basing the decision on the "role model effect", not on constitutional law. In other words, he was making up the law as he was going along, in order to find an excuse to allow the drug tests. The court in Washington state, however, ruled that the state constitution doesn't allow exceptions like the "role model effect" that might be allowed by federal courts.

The Evergreen State's court also warned that if they had allowed the drug tests, it might have opened the door for testing not just athletes but all students. And I doubt any American court would allow that. (But in BushAmerica, who knows?)

Random drug tests of athletes are ineffective. The ACLU of Washington said the tests fail to stop drug use.

If only other states would have the gumption to smarten up the way Washington state has.

(Source: http://seattletimes.nwsource.com/html/education/2004281787_drugtests14m.html)