Chandler v. Miller, 520 U.S. 305, 16 (1997)

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320

CHANDLER v. MILLER

Opinion of the Court

30 days prior to qualifying for a place on the ballot—is no secret. As counsel for respondents acknowledged at oral argument, users of illegal drugs, save for those prohibitively addicted, could abstain for a pretest period sufficient to avoid detection. See Tr. of Oral Arg. 44-46.4 Even if we indulged respondents' argument that one purpose of § 21-2- 140 might be to detect those unable so to abstain, see id., at 46, respondents have not shown or argued that such persons are likely to be candidates for public office in Georgia. Moreover, respondents have offered no reason why ordinary law enforcement methods would not suffice to apprehend such addicted individuals, should they appear in the limelight of a public stage. Section 21-2-140, in short, is not needed and cannot work to ferret out lawbreakers, and respondents barely attempt to support the statute on that ground.

Respondents and the United States as amicus curiae rely most heavily on our decision in Von Raab, which sustained a drug-testing program for Customs Service officers prior to promotion or transfer to certain high-risk positions, despite the absence of any documented drug abuse problem among Service employees. 489 U. S., at 660; see Brief for Respondents 12-14; Brief for United States as Amicus Curiae 18; see also 73 F. 3d, at 1546. The posts in question in Von Raab directly involved drug interdiction or otherwise required the Service member to carry a firearm. See 489 U. S., at 670 ("Government has a compelling interest in ensuring that front-line interdiction personnel are physically fit, and have unimpeachable integrity and judgment."); id., at 670-671 ("[T]he public should not bear the risk that employees who may suffer from impaired perception and judgment will be promoted to positions where they may need to employ deadly force.").

4 In Treasury Employees v. Von Raab, 489 U. S. 656 (1989), the applicant for promotion or transfer could not know precisely when action would be taken on the application. In contrast, the potential candidate knows from the start the timing of all relevant events.

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