Oregon daily emerald. (Eugene, Or.) 1920-2012, August 19, 1991, 1991 LAW SCHOOL EDITION, Page 6, Image 6

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RIGHTS
Continued Irom Page 5
(id that defendants .in' gutting
off too r.isilv, while onl\ 10 per
icnt said constitutional rights
are being violated
Interpretations on the
Fourth's powers vary widely
"When the Fourth Amend
merit was written there was no
such tiling as an organized po
Her force that was in the husi
ness of catching and proset ut
mg criminals,'' S< human said
The amendment was sup
posed to protet t t iti/ens Irom
midnight knocks on-the door
hv customs inspectors; the
shakedown at border stations
bv agents of states, tin- seizure
of documents that may be poll!
it ally unpopular
Hut the massive explosion ol
organized crime has changed
t h c n il lure ti f t h e F ourl li
Amendment. So far, Americans
are willing to support drug test
ing of publit employees In an
overwhelming majority, Schu
man said
Random drug testing of gtn
eminent employees, as well as
drug testing of state employees
as a condition for stairs to re
teive federal aid, are eroding
tlie Fourth Amendment he
stiiti
The Supreme Court has come
down in support of drug testing
lor public employees
r
In Skinner vs Railway Labor
Executive's Association, the
court held that random drug
testing of railroad employees
without a warrant and without
reasonable suspicion is reason
able
We iielleve that It Is reason
able to condor.t such tests in
the absence of a warrant or rea
sonable suspicion that any par
ticular employee may be im
paired," the majority wrote in
its lotto decision
lustii e Thurgood Marshall, in
his dissent, wrote. "I believe
the framers would be appalled
by the vision of mass govern
mental intrusion upon the in
tegrity of the human body
On the same day of this deci
sion, the court held in Von
Kaab vs National Treasury Km
ployees Union that drug testing
of c ustoms inspectors also was
constitutional.
The random testing of puhlii
employees is necessary for pub
hi safety, the court ruled
The court must balance indi
vidual rights and public safety,
(aiffin said, adding that in i er
tain occupations it is also rea
sellable because lives of others
may be danger
However, in his own opin
ion. Coffin added that random
drug testing without any stispi
cion would "butt heads with
the presumption of innocence
Others, however, see random
drug testing as an invasion of
pri v nry
”1 don't think taking into
consideration public safety is
out of bound of the Fourth
Amendment.'' Schuman said
"But it's up to the lawmakers to
make that determination if it's
reasonable.” The court's deci
sion violates privacy because
no warrant or suspicion is re
quired to test an employee, he
said.
The Oregon ACLIJ Oregon
also disagrees with the Su
preme Court's decision.
"We support legislation pro
hibiting drug testing," Reming
ton said. "Drug testing does not
measure job performance The\
can't say how much drugs im
pair your performance."
There are job performance
tests on the market that can de
termine il the employee is rum
jietent to perform his or her job
These tests are better indicators
ol performance than drug tests
lh.it involve "unreasonable
search and seizure when done
in the government without
probable cause," she said
Cases have been filed to chal
lenge tins ruling, but the issue
is far from resolved On its
2001 h hirthda v , the Bill of
Rights mav be going through its
toughest test of survival vet
1
Mix-up confounds OHSU doctors
PORTLAND (AI *) Doc
tors .it one of the nation's top
transplant tenters struggled
ITiduv to explain a mix up
1 hat left ii patient with an in
compatible donor heart
The man remained in c rill
i .11 but stable condition at Or
ogon Health Sciences Univer
sity Hospital His name was
withheld at fits family's re
quest
Dr Admin Oobunoglu, di
rec tor of the heart transplant
program at OHSH. said doc
tors would try to find a new,
compatible heart for the pa
lien!
It was impossible to say
how long the man could live
with the incompatible heart,
Cobanoglu said Dm tors at
OHSl' could find only eight
other cases worldwide in
which incompatible hearts
were transplanted. In1 said
The transplant recipient has
Type () blood, but received a
heart from a donor with Type
A blood
('.obunoglu said the donor
heart somehow was misla
be led 'I'vpi! () in the frantii
rush to i ornplete the trails
plant early Wednesday morn
big
Dr Douglas Norman, direi
tor oI the laboratory oI
immunogenotics and trans
plantation at OHSD, said the
subslam e th.it characterizes
Type A blood, known as the
A molecule or A protein, o<
I urs III tissue as well as blood
The transplant recipient,
because he has Type () blood,
has naturally occurring anti
bodies that will recognize the
presence of the A protein in
the heart and attui k it, he
said Therefore, he said, the
transplant patient at OHM
runs a high risk ol having his
body suddenly reject the new
heart
Despite the incident, pris e
dures used to match organs
and rei ipients in the United
States an; good, said Dr Ar
nold (I Diethelm, president of
the American So cietv of
Transplant Surgeons
"I think tIn; procedures art'
fim;. but there's always a
i banco of human error." said
Diethelm. chairman of the
surgery department at the
University of Alabama "Ob
viously it shouldn't happen,
but when you think about the
stress, it's understandable
OUSl' s program is one of
the best in the country, be
said Doctors at OHSli have
done lf>8 heart transplants in
the last five years
1 think it's a center with a
long, kui i cssful record of or
gan transplantation," be said
Oobanoglu told his patient
Friday morning about the mis
take
"He did not say much,"
Ooliunoglu said. "He was oh
viously very unhappy to hear
the news, but lie's not de
pressed by any means."
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