U.S. Supreme Court Might Take Up Rick Scott's "Drug Test Everyone" Plan

Categories: Drugs, Politicks

rickscottpott.jpg
Gov. Rick Scott's plan to randomly drug test every single state employee in Florida -- from department heads to minimum wage DMV janitors -- has already failed the common-sense test and an appeals court ruling. A trial run of the program found that almost no state employees were failing, while an appeals court ruled that the program violated the constitution.

But Scott hasn't given up on the idea yet. The U.S. Supreme Court will likely decide this week whether to take up the latest petition filed by Scott's lawyers.

See also: Rick Scott's State Employee Drug Testing Ruled Unconstitutional

Scott issued an executive order in 2011 ordering all 85,000-plus state employee to pee in a cup, but that order was quickly challenged by the American Federation of State, County and Municipal Employees.

The union -- which represents about 40,000 of those workers -- argued that the order violated the Fourth Amendment's ban on unreasonable search and seizures. In April 2012, a Miami federal judge agreed with the union and issued a permanent injunction against Scott's plan.

The biggest problem, Judge Ursula Ungaro wrote, was that Scott couldn't show any pressing need for the testing that outweighed the privacy of the state employees.

To wit: For three years, the Department of Transportation and the Department of Juvenile Justice did their own drug testing and less than one percent of their workers failed.

So would it really be fair to the 99 percent of clean government workers to be subject to invasive screening to catch the one percent who mostly failed for marijuana use? Ungaro didn't think so.

"The privacy interests infringed upon here outweigh the public interest sought," she wrote at the time. "That is a fatal mix under the prevailing precedents."

But in Scott's new brief -- posted yesterday on SCOTUSblog -- his attorneys argue that since "consent to drug testing is a routine part of applying for and keeping a job" in the private sector, the government should be able to do the same.

The high court will meet privately on Friday to decide whether to take up Scott's appeal.

Here's the full appeal:

Scott Appeal

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29 comments
fsmith3
fsmith3

That petition for cert came from George Mason U. School of Law, AKA Koch Brothers U.

kolors86432
kolors86432

Governor Scott, instead, test your employees for effectiveness in the job. 

No MEDICAL test kits to buy from your friends.

Brent Bredwell
Brent Bredwell

What people do on their own time is their business. Unless the person is coming to work wasted, there should be no drug testing for anyone. It's just wasting money

James Kendall
James Kendall

His wife owns a giant chunk of the drug testing company.

Jayson Ttvp
Jayson Ttvp

This should be a must for all law enforcement, judges, senators and specially, everyone in congress.

Joseph Mazon
Joseph Mazon

Argument in favor is correct in stating the private sector can test at will, although it does have a duty to inform employee of such testing during the application process. In practice, the number of companies who actually text during application or conduct random testing is fairly small because of costs involved. Argument against is the 'privacy" issue and the lack of 'pressing need" when weighed against public welfare. ( Those are arguments that carry greater weight in the public sector. Keep in mind the Supreme Court DOES NOT have ANY obligation whatsoever to hear this case. The court is the ONLY judicial body in the land that can refuse to hear ANY case without tendering a reason for it. Hence the application for "Writ of Certiorari" . Should be interesting if they do decide to hear it though.

DRAKEMALLARD.0
DRAKEMALLARD.0 topcommenter



Drug Test Elected Officials and Politicians


We the undersigned Citizens of the United States of America, believe it must be manditory for our elected representatives to be of clear mind and sound body, therefore we support action requiring all elected public officials of municipal, county, state or federal office to submit to regular and random supervised drug testing, and that those results be made public and published on a monthly basis in the most accessable manner to the greatest number of people.

Further, that refusal or failure to submit to any drug test automaticly suspends without compensation or pay anyone, from the duties of that office to which they are elected, until that test is properly conducted, and that any subsequent refusal or failure by the same official, automaticly removes said official from elected office permanently, without compensation or pay, and new elections shall be held for that office as soon as logisticly possible, while temporarily an appointee may be allowed to fill that vacated seat.
That Appointee shall be bound by this law to submit to regular and random drug testing, with all penalties enforced as well.

Further, that prior to submission of filings for intent to run for public office, submission to supervised drug testing shall occur, and failure to do so shall be grounds for rejection of any filings for intent.They should also be subject to test on demand by the leaders of the house or senate or the President or VP.They should also have to pass a breathalyzer before entering a government building where the peoples business is conducted.It could be argued, they are operating one of the largest machines on the planet, they are responsible for millions of lives with their actions. We should at least expect them show up for work sober.”


The majority of US politicians couldn't pass a GED test.These candidates are selected on the basis of their marketability and ability to fund raise and repeat lobbyists talking points.Reading, writing, math, problem solving, civics, and logic are not necessary in these offices.

clayton44
clayton44

I wonder how much state money has been paid to all of these lawyers while Scott loses in every court.

Jonathan Murrell
Jonathan Murrell

Colombia Hospital corporation is the name of rick scotts company drug test means more kick backs he wants money not a "better workforce"

Steve Klare
Steve Klare

PUblic Sector employees are special...They don't have to deal with this sort of stuff like the private sector does.....

Eddie Suarez
Eddie Suarez

"Drug abuse remains one of the most serious issues confronting our society. To address the epidemic’s deleterious impact on the workplace, public and private employers throughout the nation have instituted drug-testing policies for both job applicants and current employees. Today, consent to drug testing is a routine part of applying for and keeping a job". Says who? Scrolled down to see his citations. Skimming through I saw a lot of studies/reports cited from 1980s and 1990s, and some from 2000s. Nothing or very little from this decade.

Danny Cespedes
Danny Cespedes

Of course he wants to drug test everyone... because every drug test is more profit for his company. This dude is a huge scumbag, and unfortunately, the main other one running against him this year is another two-faced scumbag. So what do you do in this situation? Vote for 3rd party and screw both these assholes.

Lenny Lebowitz
Lenny Lebowitz

if private companies and the military do random drug tests why shouldn't the state employees get the same treatment and the police

fsmith3
fsmith3

It's not "wasting money" as far as Scott is concerned. He wants to vilify conscientious, hard working state employees who might sit around and watch a baseball game with friend some Sunday and smoke a jay. 


He got welfare recipients tested with interesting results.  As a group, they are probably considerably cleaner than the legislators that passed these stupid laws.

fsmith3
fsmith3

That would go a long way toward changing these stupid laws.

fsmith3
fsmith3

They just threw out that stupid 5th Circuit decision to support Rick Perry's closing of family planning clinics, so maybe there's hope, at last.  Roberts and Kennedy joint the sanity caucus.

fsmith3
fsmith3

@DRAKEMALLARD.0 :  I want to watch when Lindsay Graham gets tested.  I'm betting he has to sit when he pees.

fsmith3
fsmith3

They did that, in Florida. They spent millions to find out that SNAP recipients were likely to be cleaner than legislators.

fsmith3
fsmith3

A.  The private sector can't test without probable cause unless it's truly random. If they test only black or Hispanic workers, they'll have their day in court.


B. Public employees often have unions.  When they don't, like in Dallas Presbyterian Hospital, they get Ebola.

fsmith3
fsmith3

Just because the facts are on your side, doesn't mean Ricky Boy's right.


Stephen Colbert nailed him last night.  "The Naked Mole."

fsmith3
fsmith3

...and screw yourself, while you're doing so.


Vote Crist and save yourself, for Crist sake.

fsmith3
fsmith3

You mean Ricky Boy on drugs? Really?


How many tens of millions of people in the U.S. have been killed by tobacco?  


How many by weed?


Right?  Smoke 'em if you got 'em, Ricky.

fsmith3
fsmith3

There's a difference between "random," and "everyone."


Do you think the guy who is making sure that your town's sewer system is working properly can't protect you if he smoked a jay two weeks ago at the beach?

fsmith3
fsmith3

Especially all those Hispanics.  I've seen the documentary, "Reefer Madness."

Have you?


Ricky Boy, the poster boy for lung cancer, preaching to his diminishing choir.

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