State Court Applies State Constitution to State Law!

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As reported on Volokh: Court Strikes Down Random Drug Test Policy for All Public School Employees: in Jones v. Graham County Bd. of Educ. (N.C. Ct. App. June 2), the N.C. Court of Appeals applied Article I, Section 20 of the North Carolina Constitution (similar to the Fourth Amendment’s prohibition on unreasonable search and seizure) to overturn the Graham County Board of Education’s “Alcohol/Drug-Free Workplace Policy”. Let me get this straight: a state court overturned a bad state law based on a state constitution? B-b-b-but how can this be? No bad law can ever be stopped without the intervention of a benevolent, centralized federal court system! Surely this will upset the Libertarian Centralists.  (Hat tip Skip Oliva)

1:14 pm on June 18, 2009