National Treasury Employees Union v. Von Raab
"National Treasury Employees Union v. Von Raab" is a significant Supreme Court case that addressed the legality of drug testing federal employees without individualized suspicion. The case arose when a union representing federal employees challenged a drug testing program for employees in law enforcement roles, arguing that it violated the Fourth Amendment, which protects against unreasonable searches and seizures. In a closely contested decision, the Supreme Court, led by Justice Anthony M. Kennedy, determined that the government's interest in maintaining public safety justified the testing program, despite the implications for employees' privacy rights. The ruling emphasized a balancing test between governmental interests and individual privacy concerns.
While the majority supported the drug testing for those enforcing drug laws or carrying firearms, the issue of testing for employees handling classified information was sent back for further examination. Dissenting opinions, notably from Justice Thurgood Marshall, highlighted concerns regarding constitutional protections, asserting that there should be no exceptions for drug enforcement. This case is often cited in discussions about the limits of employee privacy rights and the government's authority in regulating workplace conduct to ensure safety.
National Treasury Employees Union v. Von Raab
Date: March 21, 1989
Citation: 489 U.S. 656
Issue: Search and seizure
Significance: The Supreme Court upheld a drug-testing program in the U.S. Customs Service that required urinalysis tests for employees who sought promotions to positions that involve drug interdiction, the carrying of firearms, or the handling of classified information.
A union of federal employees challenged the program as a violation of the Fourth Amendment because urine samples were taken without individualized suspicion, probable cause, or a search warrant. Writing for a narrow 5-4 majority, Justice Anthony M. Kennedy applied a balancing test to conclude that the government’s compelling interests in public safety justified the program’s restrictions on the privacy expectations of law enforcement personnel who enforced drug statutes or carried weapons. Kennedy’s opinion, however, remanded the question of tests for those handling classified information to the lower court for additional consideration. In a dissenting opinion, Justice Thurgood Marshall wrote that there was “no drug enforcement exception to the Constitution.” In a less controversial companion case, Skinner v. Railway Labor Executives Association (1989), the justices voted seven to two to uphold federal regulations that required drug testing of all crew members of trains involved in serious accidents.
![Anthony Kennedy, Associate Justice of the Supreme Court of the United States By Collection of the Supreme Court of the United States (Anthony Kennedy - The Oyez Project) [Public domain], via Wikimedia Commons 95330136-92367.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95330136-92367.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
![Future American Supreme Court justice Thurgood Marshall, then an attorney for the NAACP. By Thomas J. O'Halloran, U.S. News & World Report Magazine [Public domain], via Wikimedia Commons 95330136-92368.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95330136-92368.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)