Justices Uphold Drug Testing of Transport Staff

The Supreme Court today approved another controversial government drug-testing program, allowing mandatory random urinalysis for 30,000 air traffic controllers, railroad inspectors and other Transportation Department workers.

It was the latest ruling in which the nation’s high court sided with the government since its landmark decision last year upholding drug and alcohol tests for U.S. Customs agents and railroad employees involved in accidents or safety violations.

In January, the Supreme Court allowed drug tests for Justice Department workers with top-secret clearance and for Army civilian drug counselors.

Of the nine high court members, only Justice Thurgood Marshall voted to review the case.

Appealing to the Supreme Court were labor groups representing government workers, which argued that the random tests violate the constitutional Fourth Amendment protection against unreasonable searches and seizures of evidence.

Transportation Department officials approved a drug-testing program in 1987. Nearly two-thirds of the workers who must undergo the random, periodic urinalysis tests are air traffic controllers.

In another case, the justices today refused to revive a lawsuit that sought to strip the Roman Catholic Church of its tax-exempt status because of its anti-abortion activities.

The court, without comment, left intact a ruling that abortion rights advocates lack the legal standing to sue the federal government for revocation of the church’s tax exemption.

Among those challenging the church’s exemption were Abortion Rights Mobilization Inc., the National Women’s Health Network Inc. and the Long Island National Organization for Women in New York.

The suit said the Catholic Church violated Internal Revenue Service rules by lobbying against abortion rights and contributing to political candidates who oppose abortion. The IRS generally bars tax-exempt groups from engaging in such political activities.

The U.S. 2nd Circuit Court of Appeals, voting 2 to 1, threw out the suit last September.

The appeals court said the lawsuit accuses the IRS of creating “an uneven playing field tilted to favor the Catholic Church.” But the appeals court said the abortion rights groups lack standing to make that argument because they are not engaged in lobbying or making political contributions.