Skip to main content

 photo scottwierd_zps5d35a0ac.jpeg

Alex Leary, Washington Bureau Chief of the Tamp Bay Times reports U.S. Supreme Court rejects Florida Gov. Rick Scott's request to review drug testing decision,
by a the 11th U.S. Circuit Court declaring that "his random drug testing policy for state employees is unconstitutional."

The decision leaves in place a May 2013 appeals court ruling against Scott's 2011 executive order making consent to suspicionless drug testing a condition of employment. A judge had previously concluded that the program, covering up to 85,000 state workers, violated Fourth Amendment rights against unreasonable searches.

The 11th U.S. Circuit Court of Appeals did grant Scott some leeway, saying drug testing without suspicion could be used in "certain safety-sensitive categories of employees — for instance, employees who operate or pilot large vehicles, or law enforcement officers who carry firearms in the course of duty."

Leary tells us that layers are still arguing about exactly which employees can be viewed as part of this exception.

Executive Director of the American Civil Liberties Union of Florida unleashed this scathing criticism saying that Rick Scott's appeal to the Supreme Court was a waste of money. The 11th Circuit judge told his he has a near zero chance of winning an appeal.

"What part of 'no' does he not understand?" said Howard Simon, executive director of the American Civil Liberties Union of Florida.

The ACLU and a labor union criticized Scott's appeal to the U.S. Supreme Court as a waste of taxpayer money.

"We are pleased that the Supreme Court has agreed with what we have known all along: the question of whether the state has the power to compel all employees to submit to suspicionless searches without a good reason is settled and the answer is 'no,' " said Shalini Goel Agarwal, lead ACLU counsel in the case. "Every court that has heard Gov. Scott's argument agrees: without a threat to public safety or suspicion of drug use, people can't be required to sacrifice their constitutional rights in order to serve the people of Florida."

Why do Republicans complain so much about big government, and then seem to favor having big government drug testing state employees, welfare and other recipients of government?

Originally posted to HoundDog on Mon Apr 21, 2014 at 06:07 PM PDT.

Also republished by DKos Florida.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site