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In reply to the discussion: Maine Democrat submits bill to drug-test welfare recipients [View all]AnotherMcIntosh
(11,064 posts)60. The author of that Huffington Post article over-stated what the 11th Circuit did.
This can be verified from the language in the opinion: Lebron v. Secretary, Florida Department of Children and Families, Case No. 11-15258; http://www.ca11.uscourts.gov/opinions/ops/201115258.pdf
The 11th Circuit ruling is a limited one. The court did not go as far as the author indicated:
"Because we conclude that the State has failed to establish a substantial special need to support its mandatory suspicionless drug testing of TANF recipients, the district court did not abuse its discretion in granting the preliminary injunction enjoining the State from enforcing § 414.0652, Fla. Stat."
Judge Jordan explained in his concurring opinion:
"We are not making any definitive legal pronouncements about the ultimate constitutionality of Fla. Stat. § 414.0652. We are reviewing the grant of a preliminary injunction on an undeveloped record, and therefore are considering only the district courts determination that Mr. Lebron is likely to succeed on the merits of his Fourth Amendment claim."
Contrary to the exaggerated claim of the Huffington Post author, the court did not issue "a strongly-worded opinion." Mr. Lebron may succeed. But he has not at this point. Judge Jordan also noted:
"In my view the doctrine of unconstitutional conditions is somewhat incoherent, and some of the cases decided under it are difficult to reconcile. See generally Kathleen M. Sullivan, Unconstitutional Conditions, 102 HARV. L. REV. 1413, 1416 (1989) (As applied . . . the doctrine of unconstitutional conditions is riven with inconsistencies)."
As has been said before (by me), one thing that we know about lawmakers and others including some judges who prefer to scapegoat poor people, instead of honoring the Constitution, is that they are a persistent bunch. They have not been stopped at this point. No one should mistakenly believe that they have.
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Well how about them? They are getting paid by the citizens. They are government employees.
southernyankeebelle
Feb 2013
#29
Yep. However, it really is a waste of money. FL has done it and come to find out it
southernyankeebelle
Mar 2013
#47
It's ok. Another old saying "A Pig can't smell it's own hole". Republicans are pigs.
southernyankeebelle
Mar 2013
#50
Actually I love pigs. In Germany pigs are good luck. I collect them. I just thought
southernyankeebelle
Mar 2013
#71
Also about MAKING money for whoever owns the firm responsible for testing...
Blue_Tires
Mar 2013
#57
"Also about MAKING money for whoever owns the firm ..." That seems to be right.
AnotherMcIntosh
Mar 2013
#59
The author of that Huffington Post article over-stated what the 11th Circuit did.
AnotherMcIntosh
Mar 2013
#60
Great point! I suggest she fill her pee cup in public so we can tell if it's really hers, too.
freshwest
Mar 2013
#44
They're really arguing over disrespecting humans and treating them as animals.
freshwest
Mar 2013
#61
Thank you. Today is a better day. I hope that people will reason this out with open minds.
freshwest
Mar 2013
#70
Drug testing for ANYONE is a gross violation of Constitutional rights
Proletariatprincess
Mar 2013
#37
Every study has shown that welfare recipients have lower incidences of drug use
Fearless
Mar 2013
#38
I don't think the right reframed it better. The US always had a powerful puritanical streak.
Selatius
Mar 2013
#42
She actually has been pretty progressive on most things, but this is just weird.
RBInMaine
Mar 2013
#64