Wayne Acton and Judy Acton, Guardians Ad Litem for James Acton v. Vernonia School District 47j

Pursuant to the United States Supreme Court’s decision in Vemonia School District v. Acton, — U.S. —, 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995), and because we are of the opinion that the Oregon Supreme Court would not offer greater protection under the provisions of the Oregon Constitution in this case, 1 we affirm the judgment of the district court.

AFFIRMED.

. We deny the request to certify this question to the Oregon Supreme Court.

dissenting:

I strongly disagree with the majority’s refusal to allow the Oregon Supreme Court to determine whether the School District’s random drug testing program violates the Oregon Constitution. The majority’s inexplicable unwillingness to certify the question and its rash, peremptory conclusion that the Oregon Constitution affords no greater protection than does the Fourth Amendment (as it has recently been construed in this case) stands in direct contradiction to our prior opinion — more specifically, to the part that was not overruled by the Supreme Court.

In our earlier opinion, we concluded that random, suspicionless drug testing of student athletes violated both the Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Oregon Constitution. 1 Acton v. Vernonia School Dist. 47J, 23 F.3d 1514, 1516 (9th Cir.1994). In reversing our decision, the Supreme Court held that the searches in question did not violate the Fourth Amendment. Vernonia School Dist. 47J v. Acton, — U.S. at —, 115 S.Ct. at 2397. The Court also held that we erred in interpreting Article I, Section 9 of the Oregon Constitution because we based our conclusion on an erroneous…

66 F.3d 217 103 Ed. Law Rep. 608 , 95 Cal. Daily Op. Serv. 7275 , 95 Daily Journal D.A.R. 12 ,419 Wayne ACTON and Judy Acton, guardians ad litem for James Acton, Plaintiffs-Appellants, v. VERNONIA SCHOOL DISTRICT 47J, Defendant-Appellee. No. 92-35520. United States Court of Appeals, Ninth Circuit. Sept. 15, 1995. Thomas M. Christ, Mitchell, Lang and Smith, Portland, OR, for plaintiffs-appellants. Timothy R. Volpert, Shelley M. Larkins, John A. Matterazzo, Davis Wright Tremaine, Portland, OR, for defendant-appellee. On Remand from the United States Supreme Court. Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges. Opinion by Judge FERNANDEZ; Dissent by Judge REINHARDT. FERNANDEZ, Circuit Judge: 1 Pursuant to the United States Supreme Court's decision in Vernonia School District v. Acton, --- U.S. ----, 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995), and because we are of the opinion that the Oregon Supreme Court would not offer greater protection under the provisions of the Oregon Constitution in this case, 1 we affirm the judgment of the district court. 2 AFFIRMED. REINHARDT, Circuit Judge, dissenting: 3 I strongly disagree with the majority's refusal to allow the Oregon Supreme…