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choie

(4,111 posts)
Tue Dec 31, 2013, 06:39 PM Dec 2013

Florida Law on Drug Testing for Welfare Is Struck Down

Source: NY Times

KEY WEST — A federal judge in Orlando struck down a Florida law on Tuesday that required welfare recipients to undergo mandatory drug testing.

Judge Mary S. Scriven of United States District Court wrote in her decision that the state’s testing requirement was unconstitutional. “The court finds there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied,” she wrote. The ruling made permanent an earlier, temporary ban by the judge.

The requirement had been a signature legislation of Gov. Rick Scott, who argued that the drug testing was necessary to help protect taxpayers and families. Mr. Scott said Tuesday that the state would appeal the ruling.

“Any illegal drug use in a family is harmful and even abusive to a child,” he said in a statement. “We should have a zero-tolerance policy for illegal drug use in families — especially those families who struggle to make ends meet and need welfare assistance to provide for their children.”



Read more: http://www.nytimes.com/2014/01/01/us/florida-law-on-drug-testing-for-welfare-is-struck-down.html?hp

49 replies = new reply since forum marked as read
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Florida Law on Drug Testing for Welfare Is Struck Down (Original Post) choie Dec 2013 OP
has Gov. Scott commented on Trey Radel? Enrique Dec 2013 #1
It's one thing to drug test people if there's reasonable suspicion and/or a warrant meow2u3 Dec 2013 #2
Exactly, picking on people at random... seattledo Dec 2013 #12
The results, nationwide, of these drug tests has been a total failure..... Swede Atlanta Dec 2013 #3
It was never about catching folks on welfare abusing drugs. canuckledragger Dec 2013 #7
And shaming. They love shaming people. n/t King_Klonopin Jan 2014 #28
That's what I speculated on downthread.. Cha Jan 2014 #30
Yeah, I guess he wasn't going to be making enough of a profit for it to be worthwhile. valerief Jan 2014 #34
Well said....n/t jaysunb Dec 2013 #23
Excellent reply! n/t bobGandolf Jan 2014 #32
Trey Radel springs to my mind right away. Has the governor sent out Children's Services yet? Shrike47 Dec 2013 #4
Many GW Bush appointees are fast becoming turncoats cosmicone Dec 2013 #5
Even reason.com is against this law alp227 Jan 2014 #36
Harmful and even abusive to a child? boblgumm Dec 2013 #6
Good point, denying a kid food is far more damaging to them than their parents smoking pot is Bjorn Against Dec 2013 #16
This was a stupid idea from the start Gothmog Dec 2013 #8
Go fuck yourself pRick Scott Blue Owl Dec 2013 #9
for the win frylock Dec 2013 #17
"Zero-Tolerance" is what made us the number one incarcerated nation in the world. Aristus Dec 2013 #10
Don't know if that was a wave of sanity or a hot flash: mountain grammy Dec 2013 #11
VOTE OUT STUPID saluda Dec 2013 #13
Rick Scott is a menace to families nakocal Dec 2013 #14
start with the GOP drug users in Congress ZRT2209 Dec 2013 #15
Because if there is one place a junkie will go, it is a government building Sen. Walter Sobchak Dec 2013 #18
can we drug test the politicians who start senseless wars, please? Skittles Dec 2013 #19
I love it! Scott deserves all the wrath I hope he gets. nt babylonsister Dec 2013 #20
ok, can we stop with the poverty-shaming now? KG Dec 2013 #21
“We should have a zero-tolerance policy for illegal drug use in families -- rocktivity Dec 2013 #22
Never ever thought I'd be saying this but azurnoir Dec 2013 #24
Trey Radel. I rest my case that Republicans are bald faced hypocrits. Fred Sanders Dec 2013 #25
It's clear taxpayers and families need to be protected by drug testing Florida's elected officials. tanyev Jan 2014 #35
If anyone ever comes up with a clinical test for common sense, the GOP is fucked. Kennah Jan 2014 #45
I would find it interesting to see the politicians drug tested. There is far more RKP5637 Dec 2013 #26
Rick Scott is abusive to the majority of people in Florida Live and Learn Dec 2013 #27
A lot of people who voted for Rick Scott share his lack of compassion and common sense. QuestForSense Jan 2014 #43
I bet that strikes right in the Cha Jan 2014 #29
He founded Solantic, which is now called CareSpot. Kennah Jan 2014 #46
YEAH! bobGandolf Jan 2014 #31
So, Rick Scott wants to add more strain to struggling families by potentially taking away assistance BenzoDia Jan 2014 #33
I think all Republicans running for political office should be required... KansDem Jan 2014 #37
Finally! Bryce Butler Jan 2014 #38
Does Skeletor's company have to put the money they made back into the treasury? Doctor_J Jan 2014 #39
there are so many things wrong with that last paragraph. BlancheSplanchnik Jan 2014 #40
Damn Straight Demeter Jan 2014 #41
U.S. House to Consider Again Drug Testing Itself mitty14u2 Jan 2014 #42
Ricky forgot to mention weissmam Jan 2014 #44
My god about time. I thought they did this already! trublu992 Jan 2014 #47
Dear Rick Scott... MrMickeysMom Jan 2014 #48
Good! Harmony Blue Jan 2014 #49

meow2u3

(24,764 posts)
2. It's one thing to drug test people if there's reasonable suspicion and/or a warrant
Tue Dec 31, 2013, 06:45 PM
Dec 2013

But blanket drug testing welfare recipients without either a warrant nor suspicion sends the message that poor people don't have constitutional rights against unreasonable, warrantless searches. Good call on the part of the judge.

 

Swede Atlanta

(3,596 posts)
3. The results, nationwide, of these drug tests has been a total failure.....
Tue Dec 31, 2013, 06:50 PM
Dec 2013

The number of people on welfare that test positive is tiny. How in he** do these politicians think that someone who is barely putting a roof over their heads and food on the table can afford illegal drugs?

It is because in their minds anyone on any form of public assistance is a "taker" that is scamming the system. I hear the stories about people on SNAP purchasing lobsters, having the latest clothes and handbags and driving Escalades. That is pure fantasy.

Of course there are scammers. We have hundreds of thousands of them in New York on Wall Street. You deal with the scammers but you don't punish the deserving.

Pope Francis has it right - the wealthy should beware because they are not going to enter heaven if they deny food, housing, healthcare and opportunity to the poor.

canuckledragger

(1,641 posts)
7. It was never about catching folks on welfare abusing drugs.
Tue Dec 31, 2013, 06:59 PM
Dec 2013

It was all about Rick Scott profiting from the testing itself via some of the companies contracted out for the testing he owned.

valerief

(53,235 posts)
34. Yeah, I guess he wasn't going to be making enough of a profit for it to be worthwhile.
Wed Jan 1, 2014, 10:36 AM
Jan 2014

This is how pols "do good". They won't make enough money "doing bad", don't "do bad", and that translates into "doing good."

Shrike47

(6,913 posts)
4. Trey Radel springs to my mind right away. Has the governor sent out Children's Services yet?
Tue Dec 31, 2013, 06:51 PM
Dec 2013

I guess child abuse by substance abuse ( as defined by the governor) is OK if you're an affluent Republican, but terrible if you are poor or minority.

Hypocrit, hypocrit, hypocrit.

boblgumm

(23 posts)
6. Harmful and even abusive to a child?
Tue Dec 31, 2013, 06:57 PM
Dec 2013

But turning down federal assistance for health care (not to mention mass transit) is not criminally abusive to a child?

Bjorn Against

(12,041 posts)
16. Good point, denying a kid food is far more damaging to them than their parents smoking pot is
Tue Dec 31, 2013, 08:13 PM
Dec 2013

Welcome to DU.

Gothmog

(145,264 posts)
8. This was a stupid idea from the start
Tue Dec 31, 2013, 07:02 PM
Dec 2013

Scott is a mean person and this law was a bad idea. Hopefully, this failure will hurt Scott in the 2014 governor's race

Aristus

(66,377 posts)
10. "Zero-Tolerance" is what made us the number one incarcerated nation in the world.
Tue Dec 31, 2013, 07:19 PM
Dec 2013

How about a little "everybody mind their own fucking business"?

Unless we extend the testing to everyone drawing on public funds, like Congressmembers (!), let's just leave the issue the fuck alone...

mountain grammy

(26,621 posts)
11. Don't know if that was a wave of sanity or a hot flash:
Tue Dec 31, 2013, 07:37 PM
Dec 2013

Judge Mary S. Scriven of United States District Court wrote in her decision that the state’s testing requirement was unconstitutional. “The court finds there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied,” she wrote. The ruling made permanent an earlier, temporary ban by the judge.

Indeed!

saluda

(2 posts)
13. VOTE OUT STUPID
Tue Dec 31, 2013, 07:39 PM
Dec 2013

how about legislators find some full time living wage jobs, so we won't have to be on any form of welfare, and therefore be able to take as much or no drugs as we see fit! i like the mind your own biz meme!

HAPPY NEW YEAR, YALL!

nakocal

(552 posts)
14. Rick Scott is a menace to families
Tue Dec 31, 2013, 07:42 PM
Dec 2013

Why would anyone vote for this criminal. He help defraud billions of dollars for the government and ignorant, racist, America hating republicans vote for him.

rocktivity

(44,576 posts)
22. “We should have a zero-tolerance policy for illegal drug use in families --
Tue Dec 31, 2013, 09:08 PM
Dec 2013
who...need welfare assistance to provide for their children.”

ESPECIALLY families on welfare? WHY single them out -- simply because they're getting public funds? A lot people's incomes consist of public funds, such as yourself, governor! Don't Florida's taxpayers have the right to be confident that ANYONE who receives taxpayer-funded income is drug-free? Or do you believe it's okay to spend money on illegal drugs as long as you've WORKED for it?


rocktivity

azurnoir

(45,850 posts)
24. Never ever thought I'd be saying this but
Tue Dec 31, 2013, 09:35 PM
Dec 2013

perhaps Minnesota should follow Florida's lead

(for my state)

RKP5637

(67,108 posts)
26. I would find it interesting to see the politicians drug tested. There is far more
Tue Dec 31, 2013, 09:58 PM
Dec 2013

resting on their impaired judgment than a welfare recipient. Politicians and some of their loony decisions cost far more than all of welfare combined.

Live and Learn

(12,769 posts)
27. Rick Scott is abusive to the majority of people in Florida
Tue Dec 31, 2013, 10:05 PM
Dec 2013

including the children. We should have a zero-tolerance policy on his lack of compassion and common sense.

QuestForSense

(653 posts)
43. A lot of people who voted for Rick Scott share his lack of compassion and common sense.
Wed Jan 1, 2014, 07:49 PM
Jan 2014

They are not the majority, but they also share in his hard-headedness. Not the easiest minds to change.

Cha

(297,240 posts)
29. I bet that strikes right in the
Wed Jan 1, 2014, 06:11 AM
Jan 2014

shrunken heart of ol Rick Scott. Doesn't he have shares in a drug testing company?

Kennah

(14,265 posts)
46. He founded Solantic, which is now called CareSpot.
Wed Jan 1, 2014, 09:10 PM
Jan 2014

He transferred his interest to a trust in his wife's name, and that supposedly has been sold. However, he's clearly shilling for the health industry, so that he's welcomed back with open arms--hopefully after being jailed before the next election.

BenzoDia

(1,010 posts)
33. So, Rick Scott wants to add more strain to struggling families by potentially taking away assistance
Wed Jan 1, 2014, 10:32 AM
Jan 2014

This kind of logic makes my head hurt.

KansDem

(28,498 posts)
37. I think all Republicans running for political office should be required...
Wed Jan 1, 2014, 03:32 PM
Jan 2014

...to have a colonoscopy just to make sure their heads aren't up there...

Bryce Butler

(338 posts)
38. Finally!
Wed Jan 1, 2014, 03:49 PM
Jan 2014

Some common sense on this issue. The only people who benefit from these unconstitutional laws are the owners of the for-profit drug testing industry-- people like Gov. Scott and his wife.

 

Doctor_J

(36,392 posts)
39. Does Skeletor's company have to put the money they made back into the treasury?
Wed Jan 1, 2014, 04:44 PM
Jan 2014

Scott owns a chunk of the company that got paid for the tests. Their assets should be seized, liquidated, and put back into the FL treasury.

BlancheSplanchnik

(20,219 posts)
40. there are so many things wrong with that last paragraph.
Wed Jan 1, 2014, 05:57 PM
Jan 2014

Nothing wrong with removing a child's parent/s?

Zero-tolerance--if drug use in the home is itself such a concern, he should be hauling away drunks, too. They really damage the family. Oh..zero tolerance: one beer and it's jail for you, foster care for your kids.

pRick scott doesn't even deserve the honorific, "Mr."

 

Demeter

(85,373 posts)
41. Damn Straight
Wed Jan 1, 2014, 06:26 PM
Jan 2014

What's the 4th amendment for, anyway, besides keeping the 3rd from taking the fifth?

mitty14u2

(1,015 posts)
42. U.S. House to Consider Again Drug Testing Itself
Wed Jan 1, 2014, 07:04 PM
Jan 2014

The House drug task force that introduced the Barton-Solomon bill also commissioned a report, by attorney Mark deBernardo, which concluded that mandatory drug testing of Representatives is unconstitutional.

The report, Legal Issues Regarding Drug Testing of House Members and Staff, says "If mandatory , suspicionless drug testing of Members of Congress is the inevitable policy of the House, some very good lawyering and very creative legal thinking would be necessary to create even a 20 percent chance of prevailing in court."

The report found that the same constitutional problems would make testing of all Congressional staff difficult, but testing employees in positions that require high security would be more feasible (Francesca Contiguglia, "House Moves Closer to Drug Tests," Roll Call, April 9, 1998, p. 1).

http://www.ndsn.org/mayjun98/capitol2.html

Mandatory drug testing of all members of the U.S. House of Representatives and their staff. "unconstitutional." WTF!

weissmam

(905 posts)
44. Ricky forgot to mention
Wed Jan 1, 2014, 08:16 PM
Jan 2014

that the true benefit of this would be to the drug testing companies since they would get paid for every single test , and the insignificant number of people that tested positive would not come near whatever saving would be realized IF ANY AT ALL

MrMickeysMom

(20,453 posts)
48. Dear Rick Scott...
Fri Jan 3, 2014, 12:25 AM
Jan 2014

You were a criminal when you somehow got off after running a Medicare fraud scheme in the sunshine state, and now you think those who you can't bilk for money illegitimately can be milked for money legitimately by trying to pass this law.

Well, you can't.

I look forward to the beginning of this primary season, because you are stinking up the state I lived in for 30 years. I know a lot of people who I left behind there who are going to do everything in their power to boot your sorry ass out of the Tallahassee.

Truly, I wish I could spit on that glossy brainless head of yours at that very moment, you stain.

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