ACLU sues to stop Florida welfare drug tests

Discussion in 'Law and Justice System' started by C_Clayton_Jones, Sep 10, 2011.

  1. C_Clayton_Jones
    Offline

    C_Clayton_Jones Diamond Member

    Joined:
    Apr 28, 2011
    Messages:
    42,235
    Thanks Received:
    9,109
    Trophy Points:
    2,030
    Location:
    In a Republic, actually
    Ratings:
    +24,967
    And legal precedent is on the side of those filing suit:

     
  2. martybegan
    Offline

    martybegan Platinum Member

    Joined:
    Apr 5, 2010
    Messages:
    35,312
    Thanks Received:
    4,904
    Trophy Points:
    1,140
    Ratings:
    +16,400
    I dont see how this would be unconsitutional. You are actively using a government service (hand out) that you are not consitutionally obligated to. The state is well within its means to require certain standards to be met.

    This isnt random testing of a citizen. When you apply for something like this you are limited by the requirements of the grant.

    The public office holder case does not apply here, as that is basically a job.

    This is the dispensing of actual cash. Avioding the argument on the merits of basically handing out money to people, the state has an interest in seeing it is spent only on needed items, specifically where children are involved.
     
  3. Moonglow
    Offline

    Moonglow Diamond Member

    Joined:
    Jun 27, 2011
    Messages:
    99,155
    Thanks Received:
    9,462
    Trophy Points:
    2,070
    Location:
    sw mizzouri
    Ratings:
    +40,042
    Oh yes it is.
     
  4. Moonglow
    Offline

    Moonglow Diamond Member

    Joined:
    Jun 27, 2011
    Messages:
    99,155
    Thanks Received:
    9,462
    Trophy Points:
    2,070
    Location:
    sw mizzouri
    Ratings:
    +40,042
    It does violate the fourth amendment.
     
  5. Moonglow
    Offline

    Moonglow Diamond Member

    Joined:
    Jun 27, 2011
    Messages:
    99,155
    Thanks Received:
    9,462
    Trophy Points:
    2,070
    Location:
    sw mizzouri
    Ratings:
    +40,042
    Michigan supreme court also ruled the same.
     
  6. martybegan
    Offline

    martybegan Platinum Member

    Joined:
    Apr 5, 2010
    Messages:
    35,312
    Thanks Received:
    4,904
    Trophy Points:
    1,140
    Ratings:
    +16,400
    How so? Notice the burden is "unreasonable." How is it unreasonable to ask a person getting CASH from the government, in return for no service, to prove they are clean of drugs? You have to apply to the program to be considered for the testing. Doesnt the state have a vested interest in not seeing cash it hands out spent on illegal drugs?

    I have a better idea, stop giving out cash. If you are on the dole, you get vouchers for things, no cash.
     
  7. rdean
    Online

    rdean Guest

    Ratings:
    +0
    Considering the very tiny number of people found to be on drugs, every test makes the Republican governor look more and more stupid. The ACLU is unknowingly protecting Republicans.
     
  8. hippie2049
    Offline

    hippie2049 Member

    Joined:
    Aug 5, 2011
    Messages:
    47
    Thanks Received:
    7
    Trophy Points:
    6
    Ratings:
    +7
    to prove they are clean of drugs?

    When did the burden shift to Americans to prove they did not commit a crime?

    Being poor is not probable cause.
     
  9. Missourian
    Offline

    Missourian Platinum Member

    Joined:
    Aug 30, 2008
    Messages:
    17,854
    Thanks Received:
    5,351
    Trophy Points:
    350
    Location:
    Missouri
    Ratings:
    +10,910

    No one is being forced to submit to a drug screen.

    You are only required to take the drug screen as a prerequisite to participate in the program.

    Not at all unconstitutional.

    What you are proving is that the money you are receiving for free is not being used to support a drug habit.
     
  10. Missourian
    Offline

    Missourian Platinum Member

    Joined:
    Aug 30, 2008
    Messages:
    17,854
    Thanks Received:
    5,351
    Trophy Points:
    350
    Location:
    Missouri
    Ratings:
    +10,910

    Because the people who couldn't pass the test didn't show up.

    Only 6% of the population couldn't figure that out on their own...congratulations.
     

Share This Page