Cardozo Journal of Equal Rights & Social Justice
Abstract
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
Disciplines
Constitutional Law | Courts | Criminal Law | Criminal Procedure | Fourth Amendment | Law | Law and Gender
Recommended Citation
Brigitte M. Nahas,
Drug Tests, Arrests & Fetuses: A Comment on the U.S. Supreme Court's Narrow Opinion in Ferguson v. City of Charleston,
8
Cardozo J. Equal Rts. & Soc. Just.
105
(2001).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol8/iss1/7
Included in
Constitutional Law Commons, Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Fourth Amendment Commons, Law and Gender Commons