Hello, blackvision-ga!
Pending legislation and laws requiring mandatory testing of pregnant
women for drug use has effectively been nipped in the bud by the
Supreme Court Ruling in “Ferguson vs. City of Charleston.”
Mandatory drug testing of pregnant women has been ruled
unconstitutional!
****************************************************************
In March 2001, the United States Supreme Court ruled that it is
unconstitutional for hospitals to test pregnant women for illegal
drugs and submit the results to the police. (Ferguson vs. City of
Charleston)
“By a 6-3 vote, the court said that a cooperative program between the
public hospital and police in Charleston, S.C., amounted to
unconstitutional searches. Justice John Paul Stevens wrote in the
majority opinion that the drug tests were too tied to law enforcement
to meet the "special needs" exception granted to schools, for example,
that allow drug testing for broad health and safety purposes. The city
had argued its goal in testing pregnant women was to protect the
health of the women and fetuses by forcing them into treatment or face
arrest. The program had been devised in 1989 amid concern over "crack
babies" born to mothers hooked on cocaine, but was dropped in 1994.
One of the women's lawyers, Priscilla Smith, said the ruling "affirms
the right to confidential medical care, and reaffirms that pregnant
women have that same right." The American Medical Association and
American Public Health Association had filed briefs with the court on
behalf of the women. After the ruling, the South Carolina Attorney
General, Charlie Condon, said "there is no constitutional right of a
person to use drugs."
Refer to “Supreme Court Rules Against Drug Tests of Pregnant Women.”
Public Agenda Online (3/22/2001) at
http://www.publicagenda.org/headlines/headline032201.htm
** A Syllabus of the Supreme Court opinion is available at
http://a257.g.akamaitech.net/7/257/2422/21mar20011130/www.supremecourtus.gov/opinions/00pdf/99-936.pdf
Some background concerning the above court case follows:
“In the case involving the mandatory drug testing of pregnant women,
ten prenatal patients at the Medical University of South Carolina in
Charleston tested positive for cocaine. Nine were arrested for cocaine
possession, distribution of cocaine to a minor or child abuse. One
avoided arrest by admitting herself to a substance abuse treatment
program. In South Carolina, a third-trimester fetus is legally
considered a child. All those arrested were African-American; the one
permitted to seek treatment was white.”
“Challenging mandatory drug testing of pregnant women as violations
of
law and right to privacy.”
“The hospital and city of Charleston defend the testing policy and
arrests, saying they are in the public interest in order to protect
maternal and fetal health by deterring pregnant women from using
cocaine.”
“However, the women and their attorneys claim that the policy
constitutes a search without a search warrant and violates the right
to privacy. In addition, women were arrested after they had given
birth, too late to prevent any harm to the fetus. Further, the policy
was implemented at the only public hospital in Charleston's
predominately African-American community.”
“The district court and the Fourth Circuit Court of Appeals upheld
the policy. Oral arguments before the high court are scheduled for
Oct. 4.”
“The testing policy and arrests could set a dangerous precedent that
could affect all pregnant women and could deter them from seeking
prenatal care, NOW Legal Defense lawyers argue.”
“Under the reasoning of this policy, the state could prosecute
pregnant women for almost anything, including alcohol use or smoking
if you could say that these activities could harm the fetus," said
Roslyn Powell, NOW Legal Defense staff attorney.”
Refer to “Supreme Court Will Hear Three Women’s Right Cases,” by
Micheal Hoover. (10/1/2000) at
http://csf.colorado.edu/soc/m-fem/2000/msg01508.html
Additional background articles pertaining to the case:
“ACLU Urges High Court to Void South Carolina Policy That Strips
Pregnant Women of Their Rights.” American Civil Liberties Union
(6/9/2000) at http://www.aclu.org/ReproductiveRights/ReproductiveRights.cfm?ID=11275&c=30
The Motion filed by the American Civil Liberties Union can be found
at http://archive.aclu.org/court/ferguson_v_charleston.html
“Highest Court to Study Hospital’s Role in Arresting Drug Users.”
(1/28/2000) at http://www.drugtestexpert.com/court.htm
“Drug Testing is an Invasion of Privacy,” by Marci Rudd. The Daily
Kent Stater (4/12/2001) at
http://www.stater.kent.edu/stories_old/01spring/041201/marcian411.html
(Read this article for an interesting perspective!)
This ruling goes against the opinion of many medical doctors. A 1998
poll of over 800 Michigan-based practitioners found that 55% of
pediatricians, 49% of family doctors and 43% of obstetricians in
favor” of screening for illicit drugs in pregnant women. An even
greater number favored mandatory screening for alcohol use. Many
doctors feel that mandatory drug and alcohol screening might, however,
turn substance-abusing pregnant women away from seeking prenatal care.
Read, “Docs Favor Drug/Alcohol Testing During Pregnancy,” by Alan
Moses. Reuters Health (updated 5/17/2002) at
http://12.42.224.153/healthnews/reuters/NewsStory0517200221.htm
Additional Reading:
“The Effective National Drug Control Strategy.” at
http://www.csdp.org/edcs/page38.htm
“Efforts to Reduce Perinatal Mortality, HIV and Drug Addiction:
Survey of the States.” JAMWA, Vol. 50 No.5 at
http://jamwa.amwa-doc.org/vol50/pdf/50_5_7.pdf
For an overview of state policies towards pregnant women and drug use
before the Supreme Court Ruling took effect, read “Governmental
Responses to Pregnant Women Who Use Alcohol or Other Drugs. Part 1,”
by Lynn M. Paltrow. Drug Policy Alliance (10/2000) at
http://www.drugpolicy.org/library/gov_responses_overview_p1.cfm
I hope the above information has answered your question sufficiently.
The trend, currently, is not to criminilize drug use among pregnant
women, but to ensure that doctors and social service agencies offer
counseling and treatment before the unborn child has a chance to be
adversely affected.
Please do not hesitate to ask for further help if needed!
umiat-ga
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Ferguson vs. City of Charleston
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