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SKINNER v. RAILWAY LABOR EXECUTIVES' ASSN.

No. 87-1555.

489 U.S. 602 (1989)

109 S.Ct. 1402

103 L.Ed.2d 639

SKINNER, SECRETARY OF TRANSPORTATION, ET AL. v. RAILWAY LABOR EXECUTIVES' ASSOCIATION ET AL.

Supreme Court of United States.

Decided March 21, 1989

Attorney(s) appearing for the Case

Attorney General Thornburgh argued the cause for petitioners. On the briefs were Solicitor General Fried, Assistant Attorney General Bolton, Deputy Solicitor General Merrill, Deputy Assistant Attorneys General Spears and Cynkar, Lawrence S. Robbins, Leonard Schaitman, Marc Richman, B. Wayne Vance, S. Mark Lindsey, and Daniel Carey Smith.

Lawrence M. Mann argued the cause for respondents. With him on the brief were W. David Holsberry, Harold A. Ross, and Clinton J. Miller III.*

Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by James D. Holzhauer, John A. Powell, Stephen R. Shapiro, Harvey Grossman, and Edward M. Chen; and for the American Federation of Labor and Congress of Industrial Organizations by David Silberman and Laurence Gold.

Scott D. Raphael filed a brief for the Aircraft Owners & Pilots Association as amicus curiae.

JUSTICE KENNEDY delivered the opinion of the Court.

The Federal Railroad Safety Act of 1970 authorizes the Secretary of Transportation to "prescribe, as necessary, appropriate rules, regulations, orders, and standards for all areas of railroad safety." 84 Stat. 971, 45 U. S. C. § 431(a). Finding that alcohol and drug abuse by railroad employees poses a serious threat to safety, the Federal Railroad Administration (FRA...

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