Federal judge blocks Florida’s new law requiring that welfare applicants pass drug test

The Washington Post ^ | 10/24/2011 | AP

[Carbonsteel]

ORLANDO, Fla. — A federal judge temporarily blocked Florida’s new law that requires welfare applicants to pass a drug test before receiving the benefits on Monday, saying it may violate the Constitution’s ban on unreasonable searches and seizures.

[BushCountry]

You would not believe the number of people who sell their food stamps at 50 cents to a dollar to subsidized their alcohol and drug habits. Sell their prescription drugs to purchase stronger drugs. And finally due to recent events, collect welfare while joining the Occupy crowd to get free food and shelter (tents are better than what they had).

[Soul of the South]

Federal judges have also acknowledged the freedom of the IRS to seize property without judicial hearings (i.e. due process). Federal judges also allow the EPA to restrict the use of private property and assess fines on activities involving private use of private property.

[ronnie raygun]

Newt had some good ideas about reigning in these renegade, anti American judges who are ruling from the bench. Much like zero is doing by passing everything by executive order and by passing congress purposely

[Carbonsteel]

You would not believe the number of people who sell their food stamps at 50 cents to a dollar to subsidized their alcohol and drug habits.

I would. I have friends and family who have been on some form of government assistance at various times, so I tell you this first hand. They don't have money to pay their electric bill or truck payment, but they have money for smokes, pot, and tats. But we can't drug test them?

[Carbonsteel]

You would not believe the number of people who sell their food stamps at 50 cents to a dollar to subsidized their alcohol and drug habits.

I would. I have friends and family who have been on some form of government assistance at various times, so I tell you this first hand. They don't have money to pay their electric bill or truck payment, but they have money for smokes, pot, and tats. But we can't drug test them?

[BenKenobi]

And meanwhile disabled folks continue to find work and stay OFF welfare.

C’mon you bums. Look me in the eye, and tell me why I’m paying for your benefits.

[myprecious]

I am subject to a possible drug test every day I show up to earn those tax dollars confiscated from my paycheck as a nurse. No one is forcing them to accept welfare.

[edcoil]

Good. Now start a lawsuit to see the Constitutionally of welfare - cause it is not.

[preamble]

The obamacare mandate is illegal search and seizure.

Don’t violate my 4th Amendment Rights .

I will not provide my health insurance company to the federal govt.
I will not provide my personal ID # to the federal government.

Warning to the feds: I am going to sue on January 1, 2014. On the basis
of 4th Amendment and** 5th Amendment Takings Clause without
due process.

Violate my constitutional rights and you will pay.

[Lmo56]

Welfare IS NOT a right - either you apply for it, or you don’t ...

If you apply for it - you must pass its requirements for eligibility ...

If drug tests are part of the requirement then - take a cup ...

[wolficatZ]

Mary Stenson Scriven - “Aftican-American” 2008 Bush appointee..

[misterwhite]

"Would you consider this similar to DUI checkpoints in being forced to submit to a test where no probable cause exists?"

Good example. According to the courts, driving (and flying) are an option and travelers have other choices if they do not want to submit to testing.

Meaning this federal judge is wrong. Welfare is an option and the government may set income level, family size and other requirements in order for citizens to receive it.

[capt. norm]

Looks like the illegal drug industry (and it is huge) has finally learned how to splash around some $$$ in the right places.

[chris37]

I just want to laugh.

Stupid country is stupid, and it proably just ought to be tossed in the ****can already,

[Blood of Tyrants]

The refuse the federal welfare dollars.

[mgstarr]

So if someone is receiving medical care from the state (Medicare, Medicaid, VA etc.), the government is able to blood test them for say, cholesterol, and require them to change their diet or take certain meds in order to continue to receive care?

Just wondering if there are any limits on what’s reasonable in what they can require you to submit to.

[Presbyterian Reporter]

It is pretty crazy when it is ok to drug test employees but it not ok to drug test welfare queens.

[gorush]

"We must work to reduce welfare in this country"

Don't worry. That problem will take care of itself real soon...

[Ken H]

It's the New Deal Commerce Clause what trashes the Tenth Amendment. The same one that fedgov uses to fight the WOD.

They're a package deal.

[misterwhite]

"in order to continue to receive care?"

The Emergency Medical Treatment and Active Labor Act (EMTALA) of 1986 states that medical care cannot be withheld for any reason. Just in case you were "wondering".

The federal government could choose not to reimburse the hospital for treating any patient with high cholesterol, but the hospital would still have to treat them. I'd like to see what happens to the legislator who proposes such a law.