March 19, 2002


Supreme Court Seems Ready to Extend School Drug Tests (LINDA GREENHOUSE, March 20, 2002, NY Times)
The justices appeared unusually snappish. When Justice Souter was invoking the small number of positive drug tests to question the district's need for drug testing, Chief Justice William H. Rehnquist offered a helping hand to Ms. Meoli. "The existence of the policy might be expected to deter drug use, wouldn't it?" he asked the district's lawyer.

"Then we'll never know, will we," Justice Souter said with some asperity.

"Let her answer the question," the chief justice said sharply.

But most surprising was Justice Kennedy's implied slur on the plaintiffs in the case. He had posed to Mr. Boyd the hypothetical question of whether a district could have two schools, one a "druggie school" and one with drug testing. As for the first, Justice Kennedy said, "no parent would send a child to that school, except maybe your client."

Posted by Orrin Judd at March 19, 2002 11:53 PM
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