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Authors ›› Scalia
We caution against the assumption that suspicionless drug testing will readily pass constitutional muster in other contexts [than testing of student-athletes in public schools].
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We of course agree with petitioners that the Constitution prohibits selective enforcement of the law based on considerations such as race. But the constitutional basis for objecting to intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment. Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.
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