Skinner v. Railway Labor Executives Association

Infobox SCOTUS case
Litigants = Skinner v. Railway Labor Executives Association
ArgueDate = November 2
ArgueYear = 1989
DecideDate = March 21
DecideYear = 1990
FullName = Samuel K. Skinner, Secretary of Transportation, et al.
v.
Railway Labor Executives' Association, et al.
USVol = 489
USPage = 602
Citation =
Prior =
Subsequent =
Holding = The Fourth Amendment is applicable to the drug and alcohol testing mandated or authorized by the FRA regulations.
SCOTUS = 1988-1990
Majority = Kennedy
JoinMajority = Rehnquist, White, Blackmun, O'Connor, Scalia
Concurrence = Stevens
Dissent = Marshall
JoinDissent = Brennan
LawsApplied =

"Skinner v. Railway Labor Executives Association", 489 U.S. 602 (1989) ussc|489|602|1989, was the U.S. Supreme Court case that paved the way for random drug testing of public employees in "safety sensitive" positions.

At face value, random drug testing appears to be a violation of the Fourth Amendment to the United States Constitution which protects the right of citizens "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." In addition, the Fourth Amendment states that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." However, the United States Supreme Court ruled in "Skinner" that random drug testing is permissible for employees in safety sensitive positions. Justice Kennedy, speaking for the majority, wrote:

The dissenting opinion by Justices Marshall and Brennan illustrates the other side of the controversy:

ee also

*List of United States Supreme Court cases, volume 489
*"National Treasury Employees Union v. Von Raab"

Further reading

*cite journal |last=Christopher |first=Thomas H. |authorlink= |coauthors= |year=1991 |month= |title=Employee drug testing: A constitutional perspective |journal=Employee Responsibilities and Rights Journal |volume=4 |issue=4 |pages=311-328 |doi=10.1007/BF01385035 |url= |accessdate= |quote=
*cite journal |last=Comer |first=Debra R. |authorlink= |coauthors= |year=1994 |month= |title=A Case against Workplace Drug Testing |journal=Organization Science |volume=5 |issue=2 |pages=259–267 |doi=10.2307/2635019 |url= |accessdate= |quote=

References