Some state courts, as a result of the trend toward new judicial federalism, have gone against U.S.Supreme Court rulings and ruled that random drug testing of public employees is unconstitutional.

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This statement is true. Some state courts have ruled that random drug testing of public employees is unconstitutional, despite U.S. Supreme Court rulings that have upheld the constitutionality of such testing in certain circumstances. This is part of the trend toward new judicial federalism, in which state courts are taking a more independent stance and interpreting their own state constitutions and laws more broadly.

Some State Courts, as a Result of the Trend Toward