Circuit split · constitutional law
Whether suspicionless, random drug testing of public school students who participate in competitive extracurricular activities violates the Fourth Amendment
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Tenth Circuit Court of Appeals · March 21, 2001
“Failing that, perhaps the Supreme Court will grant a writ of certiorari to resolve the split among the circuits that we have today created on the important constitutional issue presented in this case.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 7th Cir.Todd v. Rush County Schools133 F.3d 984
“Rush County Schools, 133 F.3d 984 , 986-87 (7th Cir.1998), the Seventh Circuit upheld against constitutional challenge a drug testing policy very similar to the policy at issue in this case.” — Earls ex rel. Earls v. Board of Education of Tecumseh Public School District, acknowledging the split
- Joined by · 7th Cir.Todd v. Rush County Schs. (reh'g en banc denied)139 F.3d 571
“Rush County Schools, 133 F.3d 984 , 986-87 (7th Cir.1998), the Seventh Circuit upheld against constitutional challenge a drug testing policy very similar to the policy at issue in this case.” — Earls ex rel. Earls v. Board of Education of Tecumseh Public School District, acknowledging the split
- On the other side · 7th Cir.Joy v. Penn-Harris Madison Sch. Corp.212 F.3d 1052
- Joined by · 8th Cir.Miller v. Wilkes172 F.3d 574
“Wilkes, 172 F.3d 574 (8th Cir.1999), although that decision was later vacated as moot.” — Earls ex rel. Earls v. Board of Education of Tecumseh Public School District, acknowledging the split
- Declined to follow · N.D. Tex.Gardner v. Tulia Indep. Sch. Dist.
What the split turns on
- Anchor precedents:
- Vemonia
- Doctrines & tests:
- special needs doctrine
- Constitutional provisions:
- Fourth Amendment
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.