Women's Rights Vs. Safety of Unborn

Do hospitals have the right to secretly test pregnant patients for cocaine and to inform the police if the test is positive? The Medical University of South Carolina (MUSC) thought so. In 1989, MUSC began giving urine tests to women suspected of cocaine use. If the test was positive, sometimes the police were called. Later, MUSC gave women who tested positive a choice—treatment or arrest.

In 1993, 10 women who tested positive at MUSC filed a suit based on the Fourth Amendment. They held that drug tests without consent was tantamount to unreasonable search and seizure. It was also argued that pregnant women might avoid prenatal care if such care could result in going to jail.

In 1996, the South Carolina Supreme Court decided in favor of the city. Its ruling was based on protecting the child. A...