[excon]

Hello:

Today, a federal judge struck down, as UNCONSTITUTIONAL, the law that required Florida to drug test ALL its applicants for welfare.

Who, among our right wing friends, EVER thought this was Constitutional???

Tuesday’s decision stemmed from a 2011 suit filed Luis W. Lebron, a Navy veteran and full-time student who had filed for public assistance. Mr. Lebron, who provided care for his disabled mother and was raising a young child as a single father, argued that it was unfair to require drug testing when no suspicion of drug abuse existed.

Judge Scriven agreed.

excon

[Catsmine]

Interesting that the Fla. Gov't thought the ALL applicants part would make it legal. Makes you wonder if making it Random like they do for public school athletes could get past the Judge.

[speechlesstx]

I can honestly say I don't recall having ever given it any thought.

[excon]

Hello again,

I can honestly say I don't recall having ever given it any thought.

For a right winger, who portends to take exception to Obama violating the Constitution, when a right wing governor does it, zzzzzzzzzzzzzzzzz..

Makes you wonder if making it Random like they do for public school athletes could get past the Judge.

Random isn't the key. PROBABLE CAUSE is the key.

excon

[Catsmine]

PROBABLE CAUSE is the key

So you're saying it's Unconstitutional to test high school athletes?

[excon]

Hello again, Cats:

So you're saying it's Unconstitutional to test high school athletes?

Well, I don't know how they conduct those searches, but if the basis for them LACKS probable cause, then in my opinion, YES! The Constitutional prohibition against searches is pretty clear. It can't be done WITHOUT probable cause.

excon

[talaniman]

Has any one ever challenged the constitutionality of testing athletes in high school? If so, what happened?

[speechlesstx]

Hello again,

For a right winger, who portends to take exception to Obama violating the Constitution, when a right wing governor does it, zzzzzzzzzzzzzzzzz..

Having not given it thought is not the same as an endorsement. I think welfare should be needs based, period, drug testing seems silly to me. If people are hungry they're hungry, we don't ask people of they're sober before they get a bowl of soup, so you can ease up on us right-wingers a little. You did notice the Rep governor of NC vetoed their bill so we aren't all the pariahs you think we are.


On the other hand, what do you suggest to cut down welfare fraud, anything?

[talaniman]

How much fraud do you think there is? I think trust but verify all documentation, and a larger central database would be a great start. Back to mandatory drug testing being unconstitutional. Where are the court cases that challenge the law of the schools?

[speechlesstx]

Let me Google that for you.

Board of Education v. Earls - Wikipedia, the free encyclopedia

[Catsmine]

Where are the court cases that challenge the law of the schools?

They've been legal for awhile.

Drug Testing: Background Information - FindLaw

[talaniman]

Thanks I don't feel like looking up stuff today.

[excon]

Hello again,

In my humble legal opinion, the distinction between Earl's and the Florida welfare recipients, is the expectation of privacy..

In brief, you HAVE it, if your participation with the government is NECESSARY, but you don't if your involvement is EXTRACURRICULAR.

In a majority opinion delivered by Justice Clarence Thomas, the Court held that students in extracurricular activities had a diminished expectation of privacy, and that the policy furthered an important interest of the school in preventing drug use among students.

excon

[speechlesstx]

Works for me.

[talaniman]

There is also a conflict of interest in Florida in testing welfare recipient as the governor, already associated with health care fraud of the federal government,

Mitt Romney and Rick Scott both have Medicare fraud in their background, super PAC ad claims | PolitiFact

Scott's hospital company, Columbia/HCA, pleaded guilty to criminal charges and paid a total of $1.7 billion in fines related to Medicare fraud. Even though Scott had resigned by the time the case settled, prosecutors said the widespread fraud occurred while he was at the helm.

Also is involved with the firms that would be in line for contracts to do the drug testing.

Does Rick Scott Cash In On Mandatory Drug Testing? | Liberaland

Florida Governor Rick Scott passed into law a bill mandating drug testing for those on public assistance. The company he founded, Solantic, does a big drug testing business. Although Scott divested himself of interest in the company in January, the controlling share went to a trust in his wife's name.

This raised a groundswell of concern and questions about his health policy initiatives, especially his push to move Medicaid into private HMOs. Solantic does not take Medicaid but does business with private Medicaid HMOs. The questions are growing louder with Scott's executive order on drug testing.

Solantic charges $35 for drug tests. The main customers? People who want advance reassurance they will pass an upcoming drug test for work or parole, and worried parents who bring in wayward teens…

Time for Governor Scott to answer some questions about his personal interest in drug testing.