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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-590
- --------
- VERNONIA SCHOOL DISTRICT 47J, PETITIONER
- v. WAYNE ACTON, et ux., etc.
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [June 26, 1995]
-
- Justice Ginsburg, concurring.
- The Court constantly observes that the School
- District's drug-testing policy applies only to students
- who voluntarily participate in interscholastic athletics.
- Ante, at 3, 10-11 (reduced privacy expectation and closer
- school regulation of student athletes), 15-16 (drug use
- by athletes risks immediate physical harm to users and
- those with whom they play). Correspondingly, the most
- severe sanction allowed under the District's policy is
- suspension from extracurricular athletic programs. Ante,
- at 4. I comprehend the Court's opinion as reserving the
- question whether the District, on no more than the
- showing made here, constitutionally could impose routine
- drug testing not only on those seeking to engage with
- others in team sports, but on all students required to
- attend school. Cf. United States v. Edwards, 498 F. 2d
- 496, 500 (CA2 1974) (Friendly, J.) (in contrast to search
- without notice and opportunity to avoid examination,
- airport search of passengers and luggage is avoidable -by
- choosing not to travel by air-).
-