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Tuesday, February 26, 2013

Ind. Law - Another expensive state lawsuit, this one re drug test for welfare applicants?

Today the WSJ Law Blog is reporting that the 11th Circuit has " blocked Florida’s efforts to test welfare applicants for drug use." More:

Without striking down the drug-testing requirement, the 11th Circuit U.S. Court of Appeals held that Florida had not shown a “special need” that justified suspending Fourth Amendment protections against unreasonable searches.

The ruling casts doubt on a handful of similar laws passed by Republican-controlled legislatures since 2011. * * *

The 11th Circuit, based in Atlanta, said the state failed to show a direct threat to public safety that would justify testing without suspicion of wrongdoing.

“The answer to that question of whether there is a substantial special need for mandatory suspicionless drug testing is ‘no,’” wrote Judge Rosemary Barkett, an appointee of President Bill Clinton. Judge James R. Hall and Judge Kent A. Jordan, both appointees of President George W. Bush, joined Judge Barkett in the ruling.

Here is the 38-page opinion in Lebron v. Florida Dept. of Children and Families.

Posted by Marcia Oddi on February 26, 2013 03:44 PM
Posted to Indiana Law