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The Nation

November 18, 1987

Judge Douglas H. Ginsburg, who withdrew as a nominee to the Supreme Court after it became known that he had smoked marijuana, and two other conservative judges on the U.S. Circuit Court of Appeals for the District of Columbia unanimously overturned a lower court ruling that said District of Columbia schools could not test employees for drug use without probable cause. The appellate panel ruled the school system--sued by a woman who lost her job when she tested positive for marijuana use--is justified in testing school bus drivers and others whose duties "have a direct impact on the physical safety of young school children," as long as the test for drugs is done as part of a routine physical examination.

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