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Response to Kelvin Mace (Reply #15)

Fri Mar 1, 2013, 12:44 PM

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 court’s 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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Maine-ah Feb 2013 OP
elleng Feb 2013 #1
bluedigger Feb 2013 #2
MADem Feb 2013 #22
southernyankeebelle Feb 2013 #29
FarPoint Feb 2013 #33
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FarPoint Mar 2013 #48
southernyankeebelle Mar 2013 #50
IrishAyes Mar 2013 #67
southernyankeebelle Mar 2013 #71
sammy27932003 Mar 2013 #73
AnotherMcIntosh Feb 2013 #3
bluedigger Feb 2013 #5
AnotherMcIntosh Feb 2013 #10
Kelvin Mace Feb 2013 #14
bluedigger Feb 2013 #17
MADem Feb 2013 #23
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MADem Feb 2013 #25
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MADem Mar 2013 #72
IrishAyes Mar 2013 #68
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AnotherMcIntosh Mar 2013 #59
Arkansas Granny Feb 2013 #9
99th_Monkey Feb 2013 #11
Kelvin Mace Feb 2013 #15
LineLineLineReply The author of that Huffington Post article over-stated what the 11th Circuit did.
AnotherMcIntosh Mar 2013 #60
Comrade Grumpy Feb 2013 #13
Comrade Grumpy Feb 2013 #16
littlewolf Feb 2013 #18
bluedigger Feb 2013 #31
onehandle Feb 2013 #19
frylock Feb 2013 #26
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