Federal appeals court shoots down Rick Scott's drug testing law for welfare applicants

[davidn3600]

A federal appeals court on Wednesday said a Florida law requiring applicants for welfare benefits to undergo mandatory drug testing is unconstitutional, a decision that could affect efforts to enforce similar laws in other states.

The 11th U.S. Circuit Court of Appeals said Florida did not show a “substantial special need” to test all applicants to its Temporary Assistance for Needy Families program without any suspicion of drug use. The federally subsidized program was intended to help people pay for food, shelter and other necessities.

“By virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy,” Circuit Judge Stanley Marcus wrote for a three-judge panel. “If we are to give meaning to the Fourth Amendment’s prohibition on blanket government searches, we must – and we do – hold that (the law) crosses the constitutional line.”

The decision upheld a ruling last December by U.S. District Judge Mary Scriven in Tampa, Florida to permanently halt enforcement of the July 2011 law.

http://www.rawstory.com/rs/2014/12/us-appeals-court-voids-floridas-unconstitutional-welfare-drug-testing-law/

[RockaFowler]

1. Amazing

One good thing happening today

[Kalidurga]

2. Good next they can work on employee drug testing except in cases of..

where an employee will be expected to operate a vehicle or other heavy equipment.

[Comrade Grumpy]

5. The Constitution protects us from government drug testing, but not from employer drug testing.

You have to negotiate that with your employer. Having a union would be helpful, then it could be a collective bargaining issue. Otherwise, it's just you against the boss.

[Sheepshank]

7. except where the government IS the empolyer

the standard and expectation of privacy, I assume is different for welfare recipients than it is for employees.

[onethatcares]

3. time to drug test prickscott and

the entire florida legislature. They work for we the people and I for one would like to make certain none of them are under the
influence of any mind altering substance while they have the important work of governing for we the people.

Once a month.

[winetourdriver]

4. Drug testing

Damn straight, congress too, think Boner stumbling his way to the office, reeking of (expensive) booze.

[Comrade Grumpy]

6. I understand the impulse, but no. Drug testing is a humiliating invasion of privacy.

Why it is broadly accepted in this country is beyond me.

[onethatcares]

8. it's enforced to keep the lackeys in fear

I just want sauce for the gander.

And,

We employ these people that pass laws that stomp on the rights of we the people.

Turn about is fair play in my book.

Yes, it is a humiliating invasion of privacy. Do you think Mitch McTurtle cares? How about Eric Cantor

or PrickScott, or Scotty Walker? Of course they don't give a rats ass because they know it doesn't apply to them.

[Rex]

9. We love to live in an authoritarian nation.

Otherwise the War on Drugs would have ended a long time ago imo.

[Mnpaul]

10. He wouldn't care

and his wife would be laughing all the way to the bank with all those new customers.