In the Board of Education v. Earls the U.S. Supreme Court expands suspicionless student drug testing for all students who wish to participate in any extracurricular activities

The U.S. Supreme Court approves an major expansion of suspicionless student drug testing mandating drug testing for all students who wish to participate in any extracurricular activities, including, for example, the chess club, the Honor Society and the marching band. (Board of Education of Independent School District No. 92 [OK], et al v. Lindsay Earls et al, No. 01-332). After four years of drug testing, only three Tecumseh, Oklahoma students – all athletes – had tested positive for drugs. Writing for the majority, Justice Clarence Thomas ruled that the drug testing policy was “reasonable,” even in the absence of individualized suspicion or an identifiable school-wide drug problem. “This Court has not required a particularized or pervasive drug problem before allowing the government to conduct suspicionless drug testing,” Thomas opined. “Indeed, the nationwide drug epidemic makes the war against drugs a pressing concern in every school.”