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Federal judge blocks Florida’s new law requiring that welfare applicants pass drug test
The Washington Post ^ | 10/24/2011 | AP

Posted on 10/24/2011 3:17:23 PM PDT by 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.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: bush43appointee; welfare; wod; wodlist
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Of course it was blocked.

Can't let something like being a crack head from getting in the way of getting taxpayer dollars.

1 posted on 10/24/2011 3:17:29 PM PDT by Carbonsteel
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To: Carbonsteel

he can’t pass a pre-employment drug test. He also would likely qualify as disabled.

Yes people. it’s come to this.

As others have said CW 2 is coming. It’ll be short. We will win.


2 posted on 10/24/2011 3:18:47 PM PDT by cableguymn
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To: Carbonsteel

In locale after locale, common sense laws are being passed and then being overturned or blocked by the effing federal judiciary. Time for the states to tell district court judges to shove it. Past time for congress to start impeachment proceedings against these usurping black robed swine.


3 posted on 10/24/2011 3:20:52 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Carbonsteel
The problem is too much welfare; not too few restrictions on welfare recipients. I think the decision was a good one. As with all federal government regulations, this one opened the door to even more intrusiveness against all citizens.

We must work to reduce welfare in this country -- not just accept it and try to make the recipients' lives miserable to compensate.

4 posted on 10/24/2011 3:21:56 PM PDT by BfloGuy (Even the opponents of Socialism are dominated by socialist ideas.)
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To: Carbonsteel
Judges think they are legislators...if they want to make law, get off the bench and run for congress.. or .. get impeached..
5 posted on 10/24/2011 3:22:21 PM PDT by goat granny
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To: cableguymn

Yeah, well my side thought it’d be short at the last rodeo. Depends on who is on who’s side.


6 posted on 10/24/2011 3:23:14 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Carbonsteel

there is no search or siezure...

if you want the money, submit to drug testing

if I have to submit to testing to EARN the money, the least they can do is the same when TAKING the money


7 posted on 10/24/2011 3:23:39 PM PDT by sten (fighting tyranny never goes out of style)
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To: Carbonsteel

there is no search or siezure...

if you want the money, submit to drug testing

if I have to submit to testing to EARN the money, the least they can do is the same when TAKING the money


8 posted on 10/24/2011 3:24:47 PM PDT by sten (fighting tyranny never goes out of style)
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To: BfloGuy

I disagree. Volunteering to go collect my money means you have to follow my rules. Don’t like it, leave my money on the table and get a job.


9 posted on 10/24/2011 3:25:01 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Carbonsteel

Sadly, it seems “activist jurisprudence” would hold that the public has a “duty” to subsidize receipients’ drug habits ! >PS


10 posted on 10/24/2011 3:25:00 PM PDT by PiperShade
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To: Carbonsteel

there is no search or siezure...

if you want the money, submit to drug testing

if I have to submit to testing to EARN the money, the least they can do is the same when TAKING the money


11 posted on 10/24/2011 3:25:20 PM PDT by sten (fighting tyranny never goes out of style)
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To: BfloGuy

“We must work to reduce welfare in this country — not just accept it and try to make the recipients’ lives miserable to compensate.”

????? Let the worthless slug take all the dope he wants. Just not on MY nickel!!!!


12 posted on 10/24/2011 3:26:29 PM PDT by jivin gene (Breakin' up is hard to do)
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To: Carbonsteel

Answer? Stop all welfare payments.


13 posted on 10/24/2011 3:28:26 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Carbonsteel

Answer? Stop all welfare payments.


14 posted on 10/24/2011 3:28:44 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Carbonsteel

I swear, if I ever get another dog, my dream is to teach him/her to read, then give him/her a list of Federal judges to bite.


15 posted on 10/24/2011 3:29:08 PM PDT by Marathoner (Occupy Wall Street = Parasites on Parade)
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To: BfloGuy

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


16 posted on 10/24/2011 3:33:10 PM PDT by mgstarr ("Some of us drink because we're not poets." Arthur (1981))
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To: Carbonsteel

Interesting, so a judge considers drug testing for welfare to be a case of illegal search and seizure.

Would the judge be so kind to rule on the TSA who won’t let people get on a privately owned aircraft with drugs. The TSA assumes I am a criminal, then denies me my 2nd Amendment Rights by violating my 4th and 5th. If I were to fly from Dallas to Houston, TSA would still want to do a search without Probable Cause and without a warrant, a clear violation of the 10th and 14th Amendments.

My Rights to engage in contracts with a private company is routinely violated by the FedGov while there is yet no claim in the Constitution where a drug addict has free access to my wallet.


17 posted on 10/24/2011 3:34:25 PM PDT by The Theophilus (Obama's Key to win 2012: Ban Haloperidol)
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To: Carbonsteel

“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.”

You are getting money from taxpayers for NOTHING, and we cant demand that you be clean before you do?!?!?!

%#%^#&*@ trailer trash judge!


18 posted on 10/24/2011 3:35:43 PM PDT by VanDeKoik (1 million in stimulus dollars paid for this tagline!)
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To: BfloGuy

I think the testing was a good idea. I believe that initially, the testing cost ... but the study said that it cost less than the money saved to the recipients. They didn’t have any way to measure how many people just didn’t apply BECAUSE of the testing requirement and there were some that, for some reason, hadn’t been measured.

When a recipient takes the dollars and has a drug habit, it has a ripple effect. They aren’t responsible with the money. Their kids are usually running around being “raised” by the community. If they get foodstamps, they are also selling them for drugs...and hitting up food pantries, emptying THOSE out.

And you are enabling all of that.

Maybe there should be a compassion clause, though, where if someone needs the help and has an addiction...they can claim it and comply with treatment.


19 posted on 10/24/2011 3:36:11 PM PDT by Winstons Julia (Hello OWS? We don't need a revolution like China's; China needs a revolution like OURS.)
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To: Scotsman will be Free

“In locale after locale, common sense laws are being passed and then being overturned or blocked by the effing federal judiciary. Time for the states to tell district court judges to shove it. Past time for congress to start impeachment proceedings against these usurping black robed swine.”

It is time for the states to call a Constitutional convention to add amendments limiting the power of the federal judiciary and the federal bureaucracy over the states. In addition there should be no laws passed by Congress requiring states to tax its citizens to support or supplement federal programs.


20 posted on 10/24/2011 3:36:44 PM PDT by Soul of the South (When times are tough the tough get going.)
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To: BfloGuy

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).


21 posted on 10/24/2011 3:37:46 PM PDT by BushCountry (Make Love Not Kinetic Military Action)
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To: The Theophilus

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.


22 posted on 10/24/2011 3:39:18 PM PDT by Soul of the South (When times are tough the tough get going.)
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To: Carbonsteel
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
23 posted on 10/24/2011 3:42:00 PM PDT by ronnie raygun (V)
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To: 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.

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?

24 posted on 10/24/2011 3:43:36 PM PDT by Carbonsteel
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To: 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.

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?

25 posted on 10/24/2011 3:44:16 PM PDT by Carbonsteel
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To: BushCountry

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.


26 posted on 10/24/2011 3:44:46 PM PDT by BenKenobi (Honkeys for Herman! 10 percent is enough for God; 9 percent is enough for government)
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To: BfloGuy

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.


27 posted on 10/24/2011 3:44:49 PM PDT by myprecious
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To: Scotsman will be Free; All

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


28 posted on 10/24/2011 3:53:26 PM PDT by edcoil (The will to win is important, but the will to prepare is vital. -- Joe Paterno)
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To: myprecious

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.


29 posted on 10/24/2011 3:54:28 PM PDT by preamble
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To: Carbonsteel

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 ...


30 posted on 10/24/2011 3:57:09 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Carbonsteel

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


31 posted on 10/24/2011 4:02:15 PM PDT by wolficatZ (Somebody once wrote "Revenge is a dish that has to be eaten cold".)
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To: mgstarr
"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.

32 posted on 10/24/2011 4:03:29 PM PDT by misterwhite
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To: Carbonsteel
Looks like the illegal drug industry (and it is huge) has finally learned how to splash around some $$$ in the right places.


33 posted on 10/24/2011 4:06:38 PM PDT by capt. norm (Blessed are they who can laugh at themselves for they shall never run out of material. c)
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To: Carbonsteel

I just want to laugh.

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


34 posted on 10/24/2011 4:06:48 PM PDT by chris37 (Heartless.)
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To: Carbonsteel

The refuse the federal welfare dollars.


35 posted on 10/24/2011 4:09:49 PM PDT by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
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To: misterwhite

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.


36 posted on 10/24/2011 4:15:55 PM PDT by mgstarr ("Some of us drink because we're not poets." Arthur (1981))
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To: Carbonsteel

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


37 posted on 10/24/2011 4:22:13 PM PDT by Presbyterian Reporter
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To: BfloGuy
"We must work to reduce welfare in this country"

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

38 posted on 10/24/2011 4:22:14 PM PDT by gorush (History repeats itself because human nature is static)
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To: The Theophilus
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.

39 posted on 10/24/2011 4:24:51 PM PDT by Ken H (They are running out of other people's money. )
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To: mgstarr
"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.

40 posted on 10/24/2011 4:27:41 PM PDT by misterwhite
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To: Scotsman will be Free
In locale after locale, common sense laws are being passed and then being overturned or blocked by the effing federal judiciary.

CA Prop 187, while other states stood gawking, until they too have been overrun.

41 posted on 10/24/2011 4:29:13 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: misterwhite

So are there any limits IYHO on what’s reasonable in what the Feds can require you to submit to if you receive a state benefit?


42 posted on 10/24/2011 4:35:37 PM PDT by mgstarr ("Some of us drink because we're not poets." Arthur (1981))
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To: Carbonsteel

I wish Florida had just said that they will withhold disbursing welfare benefits until the injunction is lifted.

Then give anyone who wants it a bus ticket to Washington D.C.


43 posted on 10/24/2011 4:38:24 PM PDT by VeniVidiVici ("Si, se gimme!")
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To: Carbonsteel
This entire drug test thing is a concocted scam by government.

I once attended a meeting at a drug testing facility who tested for various companies.

I asked the corporate drone who held the meeting and worked for the testing facility if their own employees who conducted the tests, were also randomly drug tested. He stated: "No, our people are not in a position to hurt anyone like a truck driver or machinist". I reminded this guy, his employees had peoples lives, reputations and careers in their hands, and he started doing the big chicken.

The entire meeting melted down after that...

Funny how the lowly Home Depot employee is randomly drug tested, yet cops, judges, congress, teachers, city councils, mayors, and those in federal/government agencies are not randomly tested.

44 posted on 10/24/2011 4:40:33 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Soul of the South

If a Constitutional convention is called then everything, including the 2nd amendment, is on the table for change or elimination. I’d rather a single amendment be added to change the current cluster that the black robed, usurping swine are causing. I could see a bunch of RINOs and dems getting together to eliminate the 2nd amendment in order to “compromise” on some other nonevent.


45 posted on 10/24/2011 4:40:47 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: sten
Very well said. There are so many scams going on right now by people in this country taking advantage of the system it would make your head spin. They are the cattle sucking off of the teat of the FEDS and they vote for more and more “assistance”. Bottom line - currently there are too many have not's compared with tax paying citizens. There are many reasons for this, not enough jobs (a whole other discussion) insane immigration policy, corrupt corporations, corrupt politicians, and trade policies that do not benefit the US, etc., etc.
46 posted on 10/24/2011 4:52:42 PM PDT by khnyny (Our government has become Hal in "2001 A Space Odyssey")
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To: sten

Yes, and in good “progressive” fashion, it should be thusly parsed:

“unlawful search AND seizure” not “unlawful search AND/OR seizure”. If the unlawful search begets the seizure, it is unconstitutional. If the seizure is not propmpted from an unlawful search, everything is okay-dokey.

It is a difference with scant distinction...


47 posted on 10/24/2011 4:52:49 PM PDT by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations - The acronym explains the science.)
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To: Carbonsteel

“A federal judge temporarily blocked Florida’s new law...”

The Feds need to keep their worthless noses out of State business.

If the welfare leeches want benefits they need to unzip and grab a cup.


48 posted on 10/24/2011 4:53:00 PM PDT by APatientMan (Pick a side)
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To: cableguymn

Yes people. it’s come to this.

As others have said CW 2 is coming. It’ll be short. We will win.

***

You’ll win, but China/Russia/NK/Cuba/Arabs/Venezuela can gang up on us, and wipe us out during the time it takes to transition from the Obama/Commie regime to whoever takes up arms.

CW2 is a bad idea.


49 posted on 10/24/2011 4:58:46 PM PDT by ROTB (Christian sin breeds enemies for the USA. If you're a Christian, stop sinning, and spread the Word..)
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To: mgstarr
"So are there any limits IYHO on what’s reasonable in what the Feds can require you to submit to if you receive a state benefit?"

Sure there are limits. But don't you think drug testing to receive welfare is reasonable?

I mean, the private sector does drug testing all the time. They also do criminal background checks on potential employees. They also track employees on GPS, monitor their telephone and Internet usage, and hold them responsible for behavior off the job.

I think if the government is going to give thousands of dollars to someone, it's not out of line to ask them to pee in a cup to keep the money away from drug users.

50 posted on 10/24/2011 5:06:02 PM PDT by misterwhite
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