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Judge halts drug tests as condition of Florida payments
reuters ^ | 10/24/2011 | Michael Peltier

Posted on 10/24/2011 2:30:27 PM PDT by tobyhill

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1 posted on 10/24/2011 2:30:31 PM PDT by tobyhill
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To: tobyhill

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


2 posted on 10/24/2011 2:33:27 PM PDT by shankbear (The GOP and the mass media are giving us another McCain......thanks.)
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To: tobyhill

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!!!


3 posted on 10/24/2011 2:35:51 PM PDT by Recovering Ex-hippie (Rick Perry 2012)
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To: tobyhill

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.


4 posted on 10/24/2011 2:35:51 PM PDT by dinodino
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To: tobyhill

I give up.


5 posted on 10/24/2011 2:37:04 PM PDT by RWGinger (Simpl)
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To: tobyhill
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.

6 posted on 10/24/2011 2:37:26 PM PDT by Drill Thrawl (0 - 537 They ALL must go.)
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To: dinodino

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”???


7 posted on 10/24/2011 2:37:46 PM PDT by Recovering Ex-hippie (Rick Perry 2012)
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To: tobyhill

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.


8 posted on 10/24/2011 2:39:16 PM PDT by edpc (Former Normalcy Bias Victim)
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To: tobyhill

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


9 posted on 10/24/2011 2:40:57 PM PDT by eyedigress ((Old storm chaser from the west)?)
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To: tobyhill

Are women Judges unusually liberal or is that just me?


10 posted on 10/24/2011 2:41:41 PM PDT by Venturer
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To: Drill Thrawl

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!!!


11 posted on 10/24/2011 2:41:55 PM PDT by Recovering Ex-hippie (Rick Perry 2012)
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To: tobyhill

“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?


12 posted on 10/24/2011 2:42:23 PM PDT by Christian Engineer Mass (25ish Cambridge MA grad student. Many conservative Christians my age out there? __ Click my name)
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To: Recovering Ex-hippie

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


13 posted on 10/24/2011 2:43:42 PM PDT by dinodino
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To: tobyhill

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


14 posted on 10/24/2011 2:45:51 PM PDT by WOBBLY BOB (See ya later, debt inflator ! Gone in 4 (2012))
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To: tobyhill

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


15 posted on 10/24/2011 2:48:20 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: FReepers; everyone; All
marine-corps-di


PLEASE CONSIDER DONATING TO FREE REPUBLIC TODAY OR BECOMING A MONTHLY DONOR


CLICK ON THE IMAGE ABOVE TO DONATE



16 posted on 10/24/2011 2:49:20 PM PDT by onyx (You're here on FR, so support it! Compiling New Sarah Ping List. Let me know if you want on it.)
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To: dinodino

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!!!


17 posted on 10/24/2011 2:50:55 PM PDT by Recovering Ex-hippie (Rick Perry 2012)
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To: Venturer
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.
18 posted on 10/24/2011 2:52:06 PM PDT by Jay Santos CP ("Idiocracy"... It's no longer just a movie.)
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To: tobyhill
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.
19 posted on 10/24/2011 2:52:52 PM PDT by truthguy (Good intentions are not enough.)
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To: Joe Brower

PING


20 posted on 10/24/2011 2:53:18 PM PDT by tutstar
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Bush’s fault. Really!


21 posted on 10/24/2011 2:55:07 PM PDT by Dedbone
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To: 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.

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.
22 posted on 10/24/2011 2:55:36 PM PDT by microgood
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To: RWGinger

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


23 posted on 10/24/2011 2:58:37 PM PDT by steveo
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To: microgood

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.


24 posted on 10/24/2011 3:00:47 PM PDT by Recovering Ex-hippie (Rick Perry 2012)
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To: truthguy
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.
25 posted on 10/24/2011 3:01:28 PM PDT by microgood
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To: tobyhill

on what grounds?

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


26 posted on 10/24/2011 3:01:28 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: microgood

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


27 posted on 10/24/2011 3:05:50 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Dedbone
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.
28 posted on 10/24/2011 3:07:26 PM PDT by truthguy (Good intentions are not enough.)
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To: Recovering Ex-hippie

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.


29 posted on 10/24/2011 3:08:05 PM PDT by cableguymn
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To: microgood

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.


30 posted on 10/24/2011 3:09:02 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: tobyhill
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?


31 posted on 10/24/2011 3:10:14 PM PDT by Cinnamontea
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To: microgood

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


32 posted on 10/24/2011 3:10:40 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: tobyhill
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.

33 posted on 10/24/2011 3:12:01 PM PDT by Ken H (They are running out of other people's money. )
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To: Recovering Ex-hippie
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.
34 posted on 10/24/2011 3:14:54 PM PDT by microgood
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To: cableguymn

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


35 posted on 10/24/2011 3:17:36 PM PDT by goseminoles
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To: tobyhill

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


36 posted on 10/24/2011 3:18:47 PM PDT by Recovering_Democrat
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To: tobyhill

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


37 posted on 10/24/2011 3:22:45 PM PDT by headstamp 2 (Time to move forward not to the center.)
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To: tobyhill

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


38 posted on 10/24/2011 3:24:13 PM PDT by Joe Boucher (FUBO ( Real conservative or go fish))
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To: goseminoles; Joe Brower; seekthetruth

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


39 posted on 10/24/2011 3:24:37 PM PDT by Recovering_Democrat
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To: microgood
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.
40 posted on 10/24/2011 3:24:37 PM PDT by truthguy (Good intentions are not enough.)
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To: GeronL
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).
41 posted on 10/24/2011 3:29:29 PM PDT by microgood
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To: Christian Engineer Mass

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.


42 posted on 10/24/2011 3:31:51 PM PDT by wouldilie
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To: microgood

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

freak, get out there and join the OWS


43 posted on 10/24/2011 3:36:11 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Joe Boucher
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.
44 posted on 10/24/2011 3:36:30 PM PDT by microgood
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To: GeronL
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.
45 posted on 10/24/2011 3:40:38 PM PDT by microgood
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To: tobyhill
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!!!

46 posted on 10/24/2011 3:43:00 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: microgood

lol.

“A zillion times!”

“A kadrillion times infinity!”


47 posted on 10/24/2011 3:52:51 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: microgood
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.
48 posted on 10/24/2011 4:07:50 PM PDT by truthguy (Good intentions are not enough.)
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To: shankbear
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.

49 posted on 10/24/2011 4:24:40 PM PDT by JakeS (If occupy wallstreet had any brain or honesty they would be in front of the <s>w</s>shitehouse)
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To: Chode
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

50 posted on 10/24/2011 4:31:37 PM PDT by JakeS (If occupy wallstreet had any brains or honesty they would be in front of the <s>w</s>shitehouse)
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