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Activist Legislator Too Activist to Research the Constitutionality of His Own Bill

Department of Moaning and Sighing:

People filing for public office would also have to submit to drug testing under a proposal pitched by a [South Carolina] state senator.

Senate Republican Leader Harvey Peeler filed his bill a day after news broke that former state Treasurer Thomas Ravenel had been indicted on a federal cocaine conspiracy charge.

No.

Of course, Chandler v. Miller, 520 U.S. 305 (1997), only expressly forbids a requirement, such as this moron’s chest-thumping nonsense, that candidates pass a drug test. It does not directly address requiring candidates only to take a drug test — and publishing the results for voters to do with as they see fit. Mark my words: someone, somewhere, someday will propose exactly that. (I think it clear, however, that the Court’s reasoning would extend to any drug testing, even non-disqualifying regimes.)

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