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InvisibleSimplepowa
In Pursuit of Knowledge


Registered: 03/06/09
Posts: 4,310
Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law
    #19354837 - 01/01/14 01:57 PM (10 years, 29 days ago)

By David Ferguson
Wednesday, January 1, 2014 14:34 EST
FL Gov. Rick Scott (R) on CNN 121912


A federal judge in Orlando, Florida ruled Tuesday that the state’s law requiring drug tests from all applicants for public assistance is unconstitutional. According to the New York Times, Judge Mary S. Scriven found that the law — Tea Party Gov. Rick Scott (R)’s signature piece of legislation — violates the U.S. Constitution’s protections against unreasonable searches and seizures.

“The court finds there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied,” Scriven wrote.

The decision made permanent an earlier temporary hold she placed on the law, which was passed by the Republican-controlled state legislature and signed by Scott in 2011. Scott is refusing to back down, saying in a statement on Tuesday that the law was designed to ensure that children aren’t being raised in homes headed by drug users.

“Any illegal drug use in a family is harmful and even abusive to a child,” read the statement. “We should have a zero tolerance policy for illegal drug use in families — especially those families who struggle to make ends meet and need welfare assistance to provide for their children. We will continue to fight for Florida children who deserve to live in drug-free homes by appealing this judge’s decision to the U.S. Court of Appeals.”

Reuters reported in 2011 that — during the short time it was allowed to proceed before courts put a stop to it — the testing found a much lower rate of drug use among applicants for public assistance than in the population at large. Less than two percent of applicants tested positive for drugs.

The U.S. Department of Health and Human Services found that around eight percent of the general population ages 12 and older report using illicit drugs. The high cost of testing applicants and low rate of denial of benefits ultimately meant that Scott’s plan cost the state more to implement than it saved.

Right-wing legislators have pushed similar laws through in other states, including Georgia, which is currently watching the outcome of the Florida case before proceeding with its own plan to test welfare recipients.

Grant Smith, policy manager of the Drug Policy Alliance, told the New York Times that Tuesday’s ruling is a milestone.

“This new ruling should give pause,” he said, to legislators who favor this type of testing. “We have seen a number of proposals continue to be put forward across the country, but the writing is on the wall that requiring people to submit to drug testing for no reason other than being poor and in need of assistance is not going to pass constitutional muster. It’s not fair, it’s not cost effective, and it’s unreasonable.”


David Ferguson
David Ferguson is an editor at Raw Story. He was previously writer and radio producer in Athens, Georgia, hosting two shows for Georgia Public Broadcasting and blogging at Firedoglake.com and elsewhere. He is currently working on a book.

http://www.rawstory.com/rs/2014/01/01/federal-judge-strikes-down-florida-gov-rick-scotts-welfare-drug-testing-law/


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Carl Sagan - "Who are we? We find that we live on an insignificant planet of a humdrum star lost in a galaxy tucked away in some forgotten corner of a universe in which there are far more galaxies than people."

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Robert Pirsig - "When one person suffers from a delusion it is called insanity. When many people suffer from a delusion it is called religion."

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Brian Cox - "[One] problem with today’s world is that everyone believes they have the right to express their opinion AND have others listen to it. The correct statement of individual rights is that everyone has the right to an opinion, but crucially, that opinion can be roundly ignored and even made fun of, particularly if it is demonstrably nonsense."


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Invisiblerackem
Male User Gallery


Registered: 11/27/09
Posts: 14,024
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: Simplepowa]
    #19354891 - 01/01/14 02:14 PM (10 years, 29 days ago)

florida of all places should have said it was ok.

but to keep the trend of florida having the most fucked up news...

they are staying right on course.


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Offlinedark3st
Stranger


Registered: 08/02/13
Posts: 3,332
Last seen: 8 years, 3 months
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: rackem]
    #19354961 - 01/01/14 02:37 PM (10 years, 29 days ago)

Quote:

rackem said:
florida of all places should have said it was ok.

but to keep the trend of florida having the most fucked up news...

they are staying right on course.



Sadly I agree, we in FL usually do stupid shit... its probably our humidity?


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Back.. I'm going to do it...I'm getting sober from opiates ... I got weed, gabapentin, propranolol, and GHB, I have 100mg tramadol left. I can do this. I can do this.

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Invisiblerackem
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Registered: 11/27/09
Posts: 14,024
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: dark3st]
    #19355108 - 01/01/14 03:27 PM (10 years, 29 days ago)

gotta be something man..


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OfflineShiVersblood
VAmPiRES HELLA ❤
I'm a teapot User Gallery

Registered: 08/18/07
Posts: 115,620
Loc: United States of America Flag
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: rackem]
    #19355197 - 01/01/14 03:46 PM (10 years, 29 days ago)

In all honesty, Welfare drug testing would just be rich white republicans racially discriminating against black people, because you know they all smoke weed. It was a racist idea to begin with, they knew it, and that's why it was struck down. And don't even call me racist for saying this because you know its true.


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Invisiblerackem
Male User Gallery


Registered: 11/27/09
Posts: 14,024
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: ShiVersblood] * 1
    #19355230 - 01/01/14 03:53 PM (10 years, 29 days ago)

all types of people are on welfare man.


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Offlinedark3st
Stranger


Registered: 08/02/13
Posts: 3,332
Last seen: 8 years, 3 months
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: ShiVersblood]
    #19355231 - 01/01/14 03:53 PM (10 years, 29 days ago)

Ya but lots of white people are on welfare they just don't flaunt it around like Superbowl tickets.


--------------------
Back.. I'm going to do it...I'm getting sober from opiates ... I got weed, gabapentin, propranolol, and GHB, I have 100mg tramadol left. I can do this. I can do this.

OFINTQWGVGAKGCYKBUBX
free dark P. Tampanensis prints to ODD members.

no stamps atm

FREE SEEDS for ODD WCA  members ONLY

I have these seeds:
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Invisibleforrest_dweller
Shroomer
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Registered: 12/23/13
Posts: 188
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: dark3st]
    #19357352 - 01/02/14 05:17 AM (10 years, 29 days ago)

if i have to pass a drug test for my job, then why cant some junkie pass one to get a handful of free money..


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Offlinedark3st
Stranger


Registered: 08/02/13
Posts: 3,332
Last seen: 8 years, 3 months
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19357384 - 01/02/14 05:58 AM (10 years, 29 days ago)

:facepalm:


--------------------
Back.. I'm going to do it...I'm getting sober from opiates ... I got weed, gabapentin, propranolol, and GHB, I have 100mg tramadol left. I can do this. I can do this.

OFINTQWGVGAKGCYKBUBX
free dark P. Tampanensis prints to ODD members.

no stamps atm

FREE SEEDS for ODD WCA  members ONLY

I have these seeds:
Orange, red, and yellow sweet peppers, Purple poppies, White Habanero, Yellow Thai, Bolivian rainbow peppers, milk thistle, red chilly pepper, HBWR.


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Invisibleforrest_dweller
Shroomer
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Registered: 12/23/13
Posts: 188
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: dark3st]
    #19357595 - 01/02/14 08:47 AM (10 years, 29 days ago)

the only down side to that is, the real cracked out ones will start to break into homes and get caught, in return cost taxpayers more to keep them in jail. but fuck em right?


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Invisiblebadchad
Mad Scientist

Registered: 03/02/05
Posts: 13,372
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19357615 - 01/02/14 08:59 AM (10 years, 29 days ago)

The other downside is that its expensive.  Last time Florida did this shit they spent more money on testing than they saved by withholding benefits.

But hey, people on welfare using drugs are just "junkies" right?


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...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

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Invisibleforrest_dweller
Shroomer
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Registered: 12/23/13
Posts: 188
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: badchad]
    #19357643 - 01/02/14 09:14 AM (10 years, 29 days ago)

yeah i suppose its expensive but where i live we get roadside drug test just as much as breath tests...:shrug:

and yeah im not a fan of having to pay for someone to spend all there money on drugs and still live on the streets.


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Invisiblebadchad
Mad Scientist

Registered: 03/02/05
Posts: 13,372
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller] * 1
    #19357674 - 01/02/14 09:28 AM (10 years, 29 days ago)

The major difference is that with roadside testing, individuals may be an imminent threat to other drivers.  This isn't the case with welfare drug testing.

The problem I have with drug testing welfare recipients is that you're arbitrarily selecting for a single behavior (drug use).  There's no real rationale for trying to limit the use of drugs, but not other questionable behaviors.


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...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436


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Offlinelwheidt
the bridgesii guy
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Registered: 08/11/08
Posts: 204
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller] * 2
    #19357729 - 01/02/14 09:48 AM (10 years, 29 days ago)

People always have the same stupid argument for drug testing.  " I get tested for my job, so should everyone else."  A smarter comment would be. Given how much money is made by drug testing companies, the entire system of drug testing is corrupt and shoukd be eliminated.  Also, as a citizen of the US, I have a right against search and seizure without a warrant.  No one in the US shoukd be forced to give their urine to someone else without a warrent.
The point is that instead of getting rid of all drug testing,  dumb people want more people tested in order to further erode our rights and make drug testing companies obscenely rich!
Unless you like people into a cup and making money for corporations,  why would any American be for MORE drug testing?


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Invisibleforrest_dweller
Shroomer
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Registered: 12/23/13
Posts: 188
Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: lwheidt]
    #19357739 - 01/02/14 09:52 AM (10 years, 29 days ago)

our roadside tests only consist of a mouth swab, takes no more than 5mins


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OfflineNetDiver
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Registered: 08/24/09
Posts: 6,024
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19357775 - 01/02/14 10:11 AM (10 years, 29 days ago)

Quote:

forrest_dweller said:
yeah i suppose its expensive but where i live we get roadside drug test just as much as breath tests...:shrug:

and yeah im not a fan of having to pay for someone to spend all there money on drugs and still live on the streets.



Yeah, but it's so easy to fake drug tests, that only the stupidest of the stupid will be caught. And who is paying for all those drug tests? Yep, the taxpayers.

So would you rather pay for a small handful of junkies to live on the street, or would you rather pay for every single welfare recipient to have their privacy invaded in a way that won't even catch most drug users?


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Offline4nik8
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Registered: 08/18/13
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19357785 - 01/02/14 10:16 AM (10 years, 29 days ago)

The only people who should be drug tested are politicians, and there should be laws against passing legislation under the influence.BONG!


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A wise man once told me: "don't sweat the small stuff, it's all small stuff"


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OfflineBig Worm
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19357820 - 01/02/14 10:27 AM (10 years, 29 days ago)

Quote:

forrest_dweller said:
if i have to pass a drug test for my job, then why cant some junkie pass one to get a handful of free money..





Quote:

forrest_dweller said:
yeah i suppose its expensive but where i live we get roadside drug test just as much as breath tests...:shrug:

and yeah im not a fan of having to pay for someone to spend all there money on drugs and still live on the streets.







Why are you making such an unfounded claim that all people who receive government assistance are "junkies"? 

And this law is basically a guilty until proven innocent one.


It's like a police officer trying to search your car and then uses the famous line, "Well, if you don't have anything to hide, why don't you mind if I search your car?".


We have constitutional rights and the system isn't designed for us to prosper, so I don't understand why there is a link or even an assumption that people who receive government assistance are drug users.


The government fucks you out of your money for much worse things than allowing lower income families to eat.

Get right.


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Offlinetoader123
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Registered: 12/07/05
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19357894 - 01/02/14 10:55 AM (10 years, 29 days ago)

Quote:

forrest_dweller said:
if i have to pass a drug test for my job, then why cant some junkie pass one to get a handful of free money..




You must be new..

If you do some research you will see why this is a terrible idea.

Also, guess who would have been supplying these drug tests? Solantic! Guess who owns the majority of Solantic? Yup, you guessed it, Rick Scott's family! "Let's make some money mothafuckazzz!"

Thank god this was turned down.


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OfflinePureless
Crushed it


Registered: 07/16/12
Posts: 1,979
Loc: Blueridge
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Re: Federal judge strikes down Florida Gov. Rick Scott’s welfare drug testing law [Re: forrest_dweller]
    #19358407 - 01/02/14 01:02 PM (10 years, 28 days ago)

Quote:

forrest_dweller said:
if i have to pass a drug test for my job, then why shouldnt some junkie person pass one to get a handful of free money




I agree. From our tax dollars no less.


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