Constitutional Law, Courts, Justice, Politics

Is Florida’s Drug Testing Of Welfare Recipients Constitutional?

-Submitted by David Drumm (Nal), Guest Blogger

Governor Rick Scott (R-Florida) imagines that welfare recipients were likely drug addicts so he signed a law that mandates drug testing before they can receive cash benefits from the state. “The goal of this is to make sure we don’t waste taxpayers’ money,” Scott said. How’s that working out? About 2 percent have tested positive and ninety-six percent proved to be drug free — leaving the state on the hook to reimburse the cost of their tests.

Financially, Florida taxpayers may save a whopping $40,800-$98,400 for a program that has been predicted to cost $178 million. That’s before the legal costs from a threatened ACLU challenge to the law’s constitutionality.

Scott has never been one to let constitutional niceties get in the way of a political issue that’s sure to anger voters. Anger directed at welfare recipients is a classic motivator from the Reagan era that has never gone out of style.

If the ACLU follows through, they will probably rely on two federal court decisions. The first is the Supreme Court opinion in Chandler v. Miller (1997). In that case, the Supreme Court held that:

Georgia’s requirement that candidates for state office pass a drug test does not fit within the closely guarded category of constitutionally permissible suspicionless searches.

As in Georgia, Florida’s testing of welfare recipients is symbolic, not “special.” Welfare recipients “do not perform high risk, safety sensitive tasks, and the required certification immediately aids no interdiction effort.” As J. Ginsburg wrote: “The Fourth Amendment shields society from state action that diminishes personal privacy for a symbol’s sake.”

The other case is Marchwinski v. Howard (2003), wherein the United States Court of Appeals for the Sixth Circuit, in a rehearing of the case en banc, split 6-6 on the constitutionality of a Michigan law that required drug testing of welfare recipients. The tie vote had the effect of affirming the district court’s judgment striking down the program. No opinion was issued for the en banc rehearing.

H/T: FourthAmendment.com, WTSP10, Tampa Bay Online, Steve Benen, ACLU.

104 thoughts on “Is Florida’s Drug Testing Of Welfare Recipients Constitutional?”

  2. Another question occurs to me: Assuming the program is constitutional, would you favor such testing, or oppose it for another reason?

  3. Chandler v. Miller is so old that the evolution of the Constitution (it is living, after all) probably renders that decision of no real value. Q: is it the number who test positive that is the best metric of success, or is it the number who stop using (at least long enough to pass the test)?

  5. Elaine,

    Copy that….and we should probably have OS on board…..Not only can he take care of the reasons to deport…but he can arrange the logistics….

    I do have a question…what did NM do to deserve him though….

  7. Elaine, An,

    Do you all mean that if he is an alien we’d have to waste taxpayer dollars to send him back….Why do you think that they sent him to start with….You do realize that we have a policy to send deportee back to the port (point) of entry into the US illegally….

    I think Mike S has pointed us in the correct direction…

  8. “One of the most hilarious claims Grindell ever made was that more water flows into Lake Erie than flows out thus leaving a surplus of water so business should be able to use it without having to apply for all those pesky permits etc.”

    ***********************************************

    I think the only time on record that sort of feat was accomplished, it was by a guy named Jesus, but he did it with fish and bread.

  10. Pingback: Florida’s ‘Drug Tests For Welfare Recipients’ Law Is, Most Likely, Unconstitutional

  12. eniobob,

    God yes, Grindell is an idiot and another “Republican who thinks jobless people are somehow to blame for the lack of available jobs in the economy, this kind of law is a pointless waste of money. Unless the point is solely to victimize people struggling to get by—which it just may be.” (from link you gave)

    Good news though … he’s gone in 2012 thanks to term limits. He’s spent the last 11 years freely feeding on tax payer dollars in the public swill trough we call the Ohio Legislature.

    We are attacking his bill.

    One of the most hilarious claims Grindell ever made was that more water flows into Lake Erie than flows out thus leaving a surplus of water so business should be able to use it without having to apply for all those pesky permits etc. The Plain Dealer did some checking and … wait for it … Grindell’s figures were all wet. Yep, another republican idiot who won’t be missed.

    http://www.politifact.com/ohio/statements/2011/aug/08/tim-grendell/state-sen-tim-grendell-claims-more-water-flows-lak/

  13. culheath,

    Someone I know is adopting a new puppy from the human/safe home society. The app was sent in, the response was ludicrous…..

    First of all, the wanted to know where they live, how many pet were had in the home, any prior convictions, any children, how much time during the day someone was home, lots more…lets say it finally peaked at 23 emails back and forth…one was who is the other animals vet…reasonable….where the cats were declawed…mind you the cats are 10 and 9 years old….the kicker was this one…if you have any pets die etc in the last 20 years please describe the circumstances under which the pet died…ok, a pet was 16 years old…from what I understand it had a lot of complications, besides being incontinent…. diabetes…and some form of cancer….they wanted to know where and who put the dog down….that was more than 15 years ago…

    This is in the state of Texas….Republican Controlled since…..2000….a lot of time for a lot of legislation…..

    A lady I know breeds cocker spaniels….She is a died hard Republican….she is pissed because Perry signed a bill that makes her a puppy mill…her dogs she has had for 8 years….and breeds 6 or 7 a year….with anywhere between 2 to 5 pups….and they ain’t cheap…….

    I am unsure if she’d vote for Perry again….

  14. Socking to the poor who aren’t known for high voting rates is one thing, socking to those seeking unemployment benefits who are as likely to vote as anyone else is a whole other game entirely, leading one to ask (rhetorically of course),”What the hell were they thinking?”

  16. I think that all pols should be required to undergo a sanity screening. That would surely keep people like Palin off the ballot.

    MZ

  17. “Preliminary results from the state’s first round of testing, however, has seemingly proven both of those claims false. Only 2 percent of welfare recipients failed drug tests, meaning the state must reimburse the cost of the $30 drug tests to the 96 percent of recipients who passed drug tests (two percent did not take the tests). After reimbursements, the state’s savings will be almost negligible, the Tampa Tribune reports:”

    http://thinkprogress.org/justice/2011/08/24/303133/drug-testing-welfare-recipients-could-line-rick-scotts-pockets-but-it-isnt-saving-florida-much-money/

    Trying to step up the insult in Ohio:

    FRI AUG 26, 2011 AT 09:25 AM PDT
    Ohio legislator proposes drug testing for unemployment benefits

    http://www.dailykos.com/story/2011/08/26/1009904/-Ohio-legislator-proposes-drug-testing-for-unemployment-benefits

    I know Blouise is fighting mad on this one, amongst other things shes involved with.

  18. Does Mr. Scott still have a financial interest in this decision? Cause hey, WINDFALL !!!!!!!!!!!!!!!

  19. I think we need mandatory drug testing for the politicians. If we could outlaw stupid & design a test of it clowns like Scott, Perry, Walker, Pawlenty, Kasich, Christy would all be safely distant from statehouses.

  20. Yes, it will cost lost more more to implement that it saves….But hey…the only saving grace which is different from the Michigan decision is that the money is still paid but to a payee….now if the state has to pay the payee that is a different story…

    You know the Republicans are great at Trying to Save Money and get rid of Big Government….Of course, the Democrats are blamed….

    But under whose watch has Government gotten bigger and Spending INCREASED….I think the GOP can take all of the awards….

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