A federal judge in Florida on Wednesday ruled that the state can not test welfare recipients for drug use. According to the judge their ruling comes as “suspicionless drug testing” has raised questions of constitutionality while noting that “there is a substantial likelihood” that the drug testing law will be deemed unconstitutional.
The judges ruling is a result of an ACLU lawsuit brought forth by an unemployed ex-Marine who also happens to be a single dad and college student. The marine refused to take the test because it violated his Fourth Amendment protections against unreasonable search and seizure.
The same federal judge also denied the ACLU’s request to turn the case into a class-action suit while writing in her ruling:
“Perhaps no greater public interest exists than protecting a citizen’s rights under the Constitution.”
Florida isn’t the first state that has attempted mandatory drug testing for welfare recipients, Michigan saw the same law struckt down by a federal appeals court in 2003.
In the meantime the office of Florida Governor Rick Scott says he “obviously disagrees with the decision” and that further examination of the law along with a possible appeal are being investigated.
Do you believe the state of Florida or any state for that matter should have the right to drug test their residents before handing out welfare checks?