WHITMAN v. DEPARTMENT OF TRANSPORTATION

No. 04-1131.

547 U.S. 512 (2006)

WHITMAN v. DEPARTMENT OF TRANSPORTATION et al.

Supreme Court of United States.

Decided June 5, 2006.


Attorney(s) appearing for the Case

Pamela S. Karlan argued the cause for petitioner. With her on the briefs were Thomas C. Goldstein, Amy Howe, and Kevin K. Russell.

Malcolm L. Stewart argued the cause for respondents. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, John P. Elwood, William Kanter, Jeffrey A. Rosen, Paul M. Geier, Jerome M. Mellody, Mark A. Robbins, Steven E. Abow, and Robin M. Richardson.*


PER CURIAM.

Terry Whitman, the petitioner, is an employee of the Federal Aviation Administration (FAA) and is subject to the agency's drug and alcohol testing program. Without first seeking to pursue grievance procedures under his collective-bargaining agreement, he filed suit in the United States District Court for the District of Alaska, alleging the FAA tested him in a nonrandom manner, in violation of his constitutional rights and 49 U. S. C. § 45104(8)....

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