Judge halts drug tests as condition of Florida payments

reuters ^ | 10/24/2011 | Michael Peltier

[tobyhill]

Florida will not be allowed to require applicants for cash assistance to needy families to pass a drug test before receiving payments, a federal judge ruled on Monday.

In a 37-page ruling, U.S. District Court Judge Mary Scriven in Orlando granted an injunction barring the state from enforcing the new law until the case is resolved.

The lawsuit was filed by the American Civil Liberties Union of Florida on behalf of a University of Central Florida student who refused to take the test when he applied for Temporary Assistance to Needy Families, a federal program that provides cash assistance to families with children.

In her ruling, Scriven said the testing procedure could cause irreparable harm to recipients.

[shankbear]

This judge is another worthless steaming pile of yak excrement. Yakkus excrementis. It is time for REAL change.

[Recovering Ex-hippie]

THEN DON’T TAKE THE MONEY OR BENEFITS!!

I am furious..every job I have is based on drug tests if deemed needed by my employer or any new job requires drug testing!
What “irreparable harm”??? If he is using drugs, then get this joker out of
college” we tax payors are paying for!!!

[dinodino]

If it’s a Federal program, the State should not be able to add conditions. However, the program should be abolished, as I don’t remember “gimme free shit” in the Constitution.

A simple way to avoid this is to eliminate all Florida state welfare programs (which we should do anyway) and then there would be much less incentive for freeloaders.

[RWGinger]

I give up.

[Drill Thrawl]

I demand that you provide for me and it's unconstitutional to ask me anything about my demand.

CW 2 is coming. It can't go on forever like this.

[Recovering Ex-hippie]

If his children need food, fine, give him food stamps for the kids with a mandate they be used for milk, bread, basic veggies, etc.

If he can’t feed his kids what the heck is he doing in “college”???

[edpc]

Funny.....when I was in the Army, I got drug tested at random. As a civilian, I worked at jobs where I was given a company vehicle. Drug testing was also required. In each case, they were conditions of receiving money...which was my salary. No federal judge or ACLU lawyer had a problem with it. Neither did I.

[eyedigress]

Watch these bastards go. Another shot of power in the arm of Mexican Cartels. It is coming

[Venturer]

Are women Judges unusually liberal or is that just me?

[Recovering Ex-hippie]

We need to completely overhaul this food stamp program and welfare!!!

You won’t believe the stories I hear from cashiers...limit the food stamps to basic food necessities, and do a means test to see if the person really qualifies, have drug tests or go back to the yellow govt cheese ! this is enabling at its worst!!!

[Christian Engineer Mass]

“In her ruling, Scriven said the testing procedure could cause irreparable harm to recipients”

Sounds like she’s already “resolved” the case. Activist leftist. Who appointed it?

[dinodino]

I’d just eliminate the food stamps entirely and tell him to go to his local church for some food.

[WOBBLY BOB]

who needs legislators when one judge can do the job of all of them?

[TexasFreeper2009]

welfare... only drug addicts and illegal aliens need apply!

[onyx]

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[Recovering Ex-hippie]

Best idea yet!!!

If the govt wants to help..it can send surplus foods to the churches and synagogues and food pantries!

Maybe the “not so “ needy can get an app on their Iphone to find out what is in stock at St Cecelia’s today!!!

[Jay Santos CP]

Are women Judges unusually liberal or is that just me?

I think back to any child discipline I was on the receiving end of or just witnessed. The father was going to smack the kid and the mother was pleading for restraint and mercy. I believe it's almost that simple.

[truthguy]

Being drug free in order to receive public assistance makes so much sense it's ridiculous. Someone getting assistance from others (taxpayers & many who are also struggling) ought to have as a very minimum that you are not using illegal substances. That the American Civil Liberties Union is opposing this doesn't surprise me in the least. How anyone can argue that this doesn't make sense is staggeringly stupid. But I know from long experience that the ACLU will oppose anything that makes sense. They are one of the most awful organizations in the country. I could write a book on the stupidity and insanity of this organization but others have already done it and they can write a lot better than me. I absolutely despise the ACLU.

[tutstar]

PING

[Dedbone]

Bush’s fault. Really!

[microgood]

Funny.....when I was in the Army, I got drug tested at random. As a civilian, I worked at jobs where I was given a company vehicle. Drug testing was also required. In each case, they were conditions of receiving money...which was my salary. No federal judge or ACLU lawyer had a problem with it. Neither did I.

When you joined the Army you gave up your constitutional rights. When working for a private company the 4th amendment does not protect you from their requirements, it only limits what the government can do. And the government can only do it without cause under certain conditions, like safety or security.

Personally I think the correct solution is to eliminate the program all together, and I think the whole drug testing thing is a dark stain on our country brought about by the government creating a crisis from thin air. As I recall, it was justified on the grounds that planes would start falling from the skies and truckers would kill millions if they were not tested on a regular basis. Drug testing is a complete waste of time, and many companies have stopped doing it. In the case of Florida, the governor has real close ties to drug testing companies and that is why he passed the law.

[steveo]

I sadly think the same. If this country continues on it’s path of self-destruction I’m outta here while I still can.

[Recovering Ex-hippie]

Drug testing is still done at MANY companies, and for sure for new hires.

the main issue here is that food stamps can be sold for drugs and are...go ahead and drug test them IF you are getting Tax payor monies.

[microgood]

How anyone can argue that this doesn't make sense is staggeringly stupid.

It's not about whether it makes sense. It is a matter of whether it is constitutional. It clearly isn't under the current interpretation of the 4th Amendment.

Many people believe that arguing that citizens should have the right to own guns is staggeringly stupid, and I am glad the 2nd Amendment is there to protect me from them. And I can either support the whole constitution, or ignore it. I am not going to support the portions I like and rally against the ones I don't, unless I am willing to give up all my guns.

[GeronL]

on what grounds?

There are lots of criteria for qualifying for welfare, this is no different than others

[GeronL]

Just make it legal to fire, evict, not serve and run over those on drugs and then we can talk about legalization.

[truthguy]

Bush’s fault. Really!

Yes, I did bio on this Judge and was surprised to discover she was appointed by George W. Bush. I was surprised because I expected her to be a Clinton appointee. I can't understand how anyone can oppose drug testing for anyone who is getting state assistance. Now you could make an interesting argument that we shouldn't have any public assistance. That's worth debating and I'm sure that Ron Paul and his supporters would be in favor of this. But if we are gonna have public assistance, then the minimum that we should expect is that the recipient be "clean" of illegal substances. That this violates someone "rights" is the height of idiocy. But seeing as this is the ACLU and another judge who has a high opinion of herself (maybe we ought to get them out of the black robes), I'm not surprised. This is insanity, plain and simple.

[cableguymn]

You can buy just about anything you want with food stamps. Soda, candy bars, chips..

Food stamp people live higher on the hog that most of us stiffs.

[GeronL]

So when someone driving a big rig using drugs drives through a day care center, you would not hold the company responsible? Do you really think courts, civil and criminal, will ever only blame the driver? No, they will always go after the “deep pockets”.

People who use drugs should be confined in a small colony somewhere far away from society.

[Cinnamontea]

In her ruling, Scriven said the testing procedure could cause irreparable harm to recipients.

How come people like this judge never think about the "irreparable harm" to taxpayers? To the decent, law-abiding, hard-working people of this country who work overtime to pay taxes for this crap? To the people pulling the flipping cart that almost HALF the country is now sitting in? To the people who've played by the rules all their lives and are now feeling like suckers?

[GeronL]

government sets plenty of criteria for recieving benefts, this is no different

[Ken H]

I like how drug warriors are suddenly all concerned about the Constitution.

The same expansive Commerce Clause that authorizes these federal welfare programs also authorizes you drug war.

Live with it.

[microgood]

the main issue here is that food stamps can be sold for drugs and are...go ahead and drug test them IF you are getting Tax payor monies.

Unless the Supreme Court further erodes the 4th Amendment to the Constitution, it is not going to happen. And I am OK with that because I value the Constitution more than I do finding druggies trading food stamps for drugs. If they can undermine the 4th Amendment, they can undermine the 2nd Amendment.

[goseminoles]

This isn’t about food stamps. This is tanf cash. Clinton signed this legislation. Thank god there is only a 4 year lifetime limit.

[Recovering_Democrat]

Horse crap. Impeach this idiot...she isn’t a legislator.

[headstamp 2]

Government to finance addictions, film at 11.....

[Joe Boucher]

curious how many druggies thus far have been thrown off the welfare rolls here in Florida as a result of these tests?

[Recovering_Democrat]

Florid news ping....will Pam Bondi appeal?

[truthguy]

It's not about whether it makes sense. It is a matter of whether it is constitutional. It clearly isn't under the current interpretation of the 4th Amendment.

Then we are doomed as a civilization when so many things that make sense are unconstitutional. Is our constitution that bad or are the interpretations that bad. Either way, a society cannot stand an infinite amount of stupidity even if someone (typically not that bright) in a black robe says that "it's unconstitutional". We will not survive this madness. I went to school with a lot of people who became attorneys and one who became a federal judge. I'm not impressed in the slightest and if these people are making the critical decisions by which we live then we are in real trouble.

You can pass a law that says it's illegal to rain on Tuesdays and even put it into the constitution but if mother nature wants it to rain on Tuesday, then it's gonna rain. So this is the problem with the American Legal System and why it is putting us into such a mess with crime and general stupidity on so many levels. It is also killing our international competitiveness. Will we survive our legal system? I don't know but I'm not encouraged.

[microgood]

government sets plenty of criteria for recieving benefts, this is no different

Actually it is. Suspicionless searches are violations of the 4th Amendment, except under certain circumstances allowed by Supreme Court (sobriety checkpoints, no knock searches, drug testing for workers in vital security and safety industries, and testing students engaging in extra curricular activities).

So unless the Supreme Court is willing to grant additional exceptions to the 4th Amendment, this is a slam dunk as other states have learned the hard/expensive way.

From the article:

The U.S. Supreme Court in a 1997 decision threw out a Georgia law requiring candidates for state office to certify they had passed a drug test. Since then, a federal court in Michigan threw out that state's attempt to require all welfare recipients to be tested.

What is disturbing to me is how many people are willing to ignore the Constitution when it suits a cause they support. This is how we are going to lose all our Constitutional rights (Divide and conquer).

[wouldilie]

Federal Judicial Career

Scriven started her judicial career as a United States magistrate judge in the United States District Court for the Middle District of Florida from 1997 to 2008. Scriven was nominated to the United States District Court for the Middle District of Florida by President George W. Bush on July 10, 2008 to a seat vacated Patricia C. Fawsett as Fawsett assumed senior status and resigned from her position as the previous Chief judge. Scriven was confirmed by the Senate on September 26, 2008 on a Senate vote and received her commission on September 30, 2008.

[GeronL]

So you even favor drug use for children? How about kiddie porn, fine with you?

freak, get out there and join the OWS

[microgood]

curious how many druggies thus far have been thrown off the welfare rolls here in Florida as a result of these tests?

32 out of 7000. Since the tests are 35 dollars each than it cost $245K to test them. Since 32 are off the roles that saves $14OK per year so if they test every one of them once a year the program is costing an additional $100K to drug test than to not drug test.

[microgood]

So you even favor drug use for children? How about kiddie porn, fine with you?

Sorry, I am not on the Supreme Court. I just happen to know about a million times more than you do about what is going on in this country. It is OK to lash out at me, being so ignorant of our constitution and the current state of our law. But it is also quite pathetic.

[Chode]

the silly cow sees no problem in the people PAYING for the welfare RATS to get drug tested as a condition of employment, but NOT for the RATS to get their "Benefits" of someone else s labor... JAF0V!!!

[GeronL]

lol.

“A zillion times!”

“A kadrillion times infinity!”

[truthguy]

Sorry, I am not on the Supreme Court.

Thank God you are not on the Supreme Court or we just might get worse decisions than what we already have. Although I find it tough to imagine anyone dumber then Kagan and Sotomayer (who isn't intellectually fit to be a traffic court judge).

And you haven't answered my question as to whether any society can survive so many stupid, idiotic, and moronic decisions. Whether the Constitution is that bad or the interpretations are that bad, when horrible decisions are made there are severe consequences and ramifications. Societies cannot survive infinite stupidity and that what we have in the cases of Voter ID and Drug Testing for Welfare recipients. And what about those who are footing the bill, don't they have some rights? The US Legal System is gonna destroy the Republic unless we can find a way to return it to sanity.

[JakeS]

This judge is another worthless steaming pile of yak excrement. Yakkus excrementis. It is time for REAL change.

One more reason to put Gingrich in the white house.

[JakeS]

Gods word tells us that all are to take care of their own kin, but I think He means a man must take care of his family, not a judge corrupting the law to 'take care of' a race.

But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel.1Ti 5:8