Court Upholds Ruling for Stanford Athletes Against NCAA Drug Tests

The NCAA-mandated drug tests for athletes at Stanford violate the right of privacy, the 6th District Appeal Court in San Jose said Tuesday, upholding a lower court decision.

The NCAA testing program was held unconstitutional at Stanford in 1988 by Superior Court Judge Conrad Rushing, who barred its use for the school’s athletes when they compete anywhere in the United States.

The NCAA appealed on two main issues--that the program was constitutional and that Rushing’s order exempting only Stanford students violates the Commerce Clause of the U.S. Constitution.

But the appellate court, in a 56-page opinion written by Judge Eugene M. Premo, upheld the Superior Court decision on all points and criticized the NCAA for failure to show that drugs were, in fact, abused by athletes.