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Appeals Court Upholds Ban on Welfare Drug Testing

11th Circuit Court of Appeals
11th Circuit Court of Appeals

February 27, 2013 | WMFE - The 11th U-S Circuit Court of Appeals in Atlanta has upheld a temporary ban on a Florida law requiring the drug testing of welfare recipient. Governor Rick Scott says he plans to appeal the ruling.

About two years ago, Governor Scott signed a bill into law that would require anyone receiving cash welfare assistance to undergo a mandatory drug test.

The American Civil Liberties Union sued to stop the testing program and won a temporary ban last October.

Yesterday, the 11th U-S Circuit Court of Appeals in Atlanta upheld that decision.

Gov. Scott says he plans to appeal the ruling to the US Supreme Court if necessary and the ACLU’s Howard Simon says he finds that disturbing.

“His program is unconstitutional.” Simon said.  “Why he wants to continue to defend the indefensible and spend tax dollars to go the Supreme Court is really beyond me. 

State officials say the testing is needed to deter drug use among welfare recipients and some Republican lawmakers say taxpayers have a right to be assured that their money is not being used to support someone’s drug habit.

But the federal appeals court said Tuesday that Florida had not demonstrated a “substantial special need” for the law.

 

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