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59 Alb. L. Rev. 1699 (1995-1996)
The Road Not Taken: Judicial Federalism, School Athletes, and Drugs

handle is hein.journals/albany59 and id is 1723 raw text is: THE ROAD NOT TAKEN: JUDICIAL FEDERALISM, SCHOOL ATHLETES, AND DRUGS Stephen L. Wasby On June 26, 1995, in Vernonia School District 47J v. Acton,' the United States Supreme Court, relying solely on the Fourth Amendment to the United States Constitution, upheld a school district's requirement of random drug testing of students who wished to participate in interscholastic athletics.2 That ruling received much attention for what it said about the war on drugs and student rights.' What did not receive attention, however, was the prior decision of the United States Court of Appeals for the Ninth Circuit, which gave more weight to students' privacy interests than to the government's concerns and based its ruling to overturn the school district's policy on its interpretation of the Oregon Constitution.4 In his opinion for the Supreme Court, Justice Scalia mentioned the matter of judicial federalism only in the last paragraph, where he stated, The Ninth Circuit held that Vernonia's Policy not only violated the Fourth Amendment, but also, by reason of that violation, contravened Article I, § 9 of the Oregon Constitution.5 Based upon the Court's conclusion that the former holding was erroneous, Scalia concluded that the latter holding was necessarily based upon a flawed premise.' Neither Justice Ginsburg, who concurred briefly, nor Justice O'Connor, who dissented and also Professor of Political Science, University at Albany, SUNY. 115 S. Ct. 2386 (1995). 2 Id. ' See, e.g., John Berry, Ryan Hails Drug Ruling for Student Athletes Attorney General Says Case Involving Random Tests Reflects Public's Desperation, PEORIA J. STAR, Mar. 2, 1996, at B 1 (discussing the Supreme Court's decision to uphold the random testing and noting society's concerns with the war on drugs). Acton v. Vernonia Sch. Dist. 47J, 23 F.3d 1514 (9th Cir. 1994), vacated, 115 S. Ct. 2386 (1995). Vernonia Sch. Dist. 47J v. Acton, 115 S. Ct. 2386, 2397 (1995). SId. 1699

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