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NATIONAL TREASURY EMPLOYEES UNION v. VON RAAB

No. 86-1879.

489 U.S. 656 (1989)

109 S.Ct. 1384

103 L.Ed.2d 685

NATIONAL TREASURY EMPLOYEES UNION ET AL. v. VON RAAB, COMMISSIONER, UNITED STATES CUSTOMS SERVICE

Supreme Court of United States.

Decided March 21, 1989

Attorney(s) appearing for the Case

Lois G. Williams argued the cause for petitioners. With her on the briefs was Elaine D. Kaplan.

Solicitor General Fried argued the cause for respondent. With him on the brief were Assistant Attorney General Bolton, Deputy Solicitor General Merrill, Deputy Assistant Attorneys General Spears and Cynkar, Lawrence S. Robbins, Leonard Schaitman, Robert V. Zener, and James H. Anderson.*

Briefs of amici curiae urging affirmance were filed for the California Employment Law Council by Paul Grossman; for the College of American Pathologists by Jack R. Bierig; for the Equal Employment Advisory Council by Robert E. Williams, Douglas S. McDowell, Stephen C. Yohay, and Garen E. Dodge; for Pharmchem Laboratories, Inc., et al. by Nelson G. Dong; and for the Washington Legal Foundation et al. by Daniel J. Popeo, Paul D. Kamenar, and Vicki S. Marani.

Briefs of amici curiae were filed for the Chamber of Commerce of the United States of America by Paul R. Friedman and Stephen A. Bokat; and for the Pacific Legal Foundation by Ronald A. Zumbrun and Anthony T. Caso.

JUSTICE KENNEDY delivered the opinion of the Court.

We granted certiorari to decide whether it violates the Fourth Amendment for the United States Customs Service to require a urinalysis test from employees who seek transfer or promotion to certain positions.

I

A

The United States Customs Service, a bureau of the Department of the Treasury, is the federal agency responsible for processing persons, carriers, cargo, and mail into the United...

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