Judge strikes down Florida law mandating drug tests for welfare

A U.S. judge on Tuesday struck down a Florida law requiring drug screening for welfare recipients, saying that it violated the constitutional protection against unreasonable searches.

Florida Governor Rick Scott, a Republican who campaigned on a promise to expand drug testing, said he would appeal the ruling.

The law took effect in July 2011 and required parents to undergo and pay for urine tests for illegal drugs when they applied for Temporary Assistance for Needy Families, a federal-state program that helps poor people with children pay for food, shelter and necessities.

The testing fee of $25 to $45 was to be repaid by the state if the test came back negative, but applicants who tested positive would have been barred from receiving benefits for a year.

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http://www.reuters.com/article/2013/12/31/us-usa-drugs-florida-idUS...

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Read Article 3, Section 2, Clause 2: "In ALL CASES affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court Shall have original Jurisdiction..."  Federal District Court don't have jurisdiction to hear any cases involving the several States.

The Constitution and its wording is clear... in ALL CASES, where a State is Party, the only court with jurisdiction (original jurisdiction) is the US Supreme Court.  No Legislation or Act of Congress may change the Constitution or give jurisdiction to inferior federal courts to hear cases involving a State.  It is time for our States to tell the inferior Federal Court Judges to pound sand... they have no jurisdiction to hear or act on any case involving a State.

The arguments to the contrary (permitting inferior federal courts to hear State cases)... fly clearly in the face of the direct and simple language of the US Constitution.  Every State Legislature and Governor have a duty to protect their laws and constitutional governments from the abuses of Federal Judges who are operating outside of their Constitutional Authority.

Ronald A. Nelson Col.USA (Ret) - Right as usual.

1. I'm increasingly of the opinion that we should do to Berry exactly what he and his thugs do to us, that is, if they do something we don't like, like this law for example, JUST IGNORE THEM.

2. Heard a FBI guy say once, when he was told he was acting outside state law by the Chief of Police, that "..you've got your attorneys and we have ours, so you do what you're gonna do."

3. If we use Alensky's tactics, we ignore them, force them to take each and every case to court, we slow them down to the point that they will NEVER catch up with their own work--WE WIN.

I am agree with the need for testing however the law as discussed seems overly board. Perhaps if the law was triggered by failure to secure employment or appear at job offerings or other events it would be more reasonable.

We cannot pick and choose those we desire to drug test. Especially if we reserve a high level of contempt toward them. 

Drug testing is unfairly applied to specific groups and the way it is currently administered the burden of proof is on the patient..

As for the test results; if you test positive for drugs that you took based on a Doctor's prescription and dispensed by a licensed pharmacy it is never kept confidential.

While a specific prescription medication may be kept confidential your potential employer is told you have FAILED your drug test.

Even after producing a legal prescription many employers will retract a job offer and there is NOTHING you can do about it.

I have followed the Governments intrusion into our medical history since 1997. I was an advocate to protect patients who are terminally ill and in pain from the DEA. I have written many letters to the DEA and members of Congress expressing my concern over law enforcement (the DEA) getting involved with states rights to control the practice of medicine. It was the same old letter I would get from Washington.

The federal Government gave each state $22,000,000 to monitor and catalog the prescribing of medications to law abiding citizens. When I got hold of the user's manual that are provided to each Pharmacy I would see how the government can collect not just whether you are prescribed a particular medication. It provides a map showing the locating of the Doctor, the location of the Pharmacy and the location of the patients home. It provides porting of software so multiple states can determine if the patient is living on one state and seeing a doctor in another state. It locates any school and church close to the patients house. It allows schools to see if people nearby are prescribed medications so to see if students and others might be selling their prescription medications. The system allows law enforcement to access patient prescription records.

I had a job offer withdrawn on two separate occasions when I tested positive because I had a prescription of Oxycodone and the second time, Adderall.

This country is in serious trouble.

Its judges like this who Obama wants on his side.

Surely there is a way for "We the People" to rid ourselves of judges who care nothing for the general welfare of our nation or the US Constitution but use their sacred position to advance either a statist agenda or liberal lunacy….

Thank you Oren.  If enough Americans could set aside their TV remotes, their chips and their dip, their shallow world view based on living vicariously through things like "American Idol," "The Lives of the Rich and Famous" and "People Magazine" perhaps this really could be done….  Sadly, far too many of us have been disengaged from the political process for far too long.   This election coming up in November will be very telling as to whether or not there are enough alert Americans to take back the reins of government from the New World Order Socialists.  Our country is rapidly disintegrating before our our eyes but many seem not to perceive it….

I just wonder how many of these now protected people are illegal aliens, blacks or Latinos as compared to the White ratio?

apparently their not all good guys.   

Just for fun , the best thing this man has ever done ! From the archives !

http://youtu.be/PPxPciXcJvc

There is a solution - no test.. no money.

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LIGHTER SIDE

 

Political Cartoons by AF Branco

Political Cartoons by Tom StiglichPolitical Cartoons by AF Branco

ALERT ALERT

Fact Check:   'Joe Biden Claims ‘We Didn’t Lock People Up In Cages’

CLAIM: Former Vice President Joe Biden claimed, on immigration: “We didn’t lock people up in cages.”

VERDICT: FALSE. The “cages” were built by the Obama-Biden administration.

Univision moderator Jorge Ramos asked Biden at the third Democrat debate at Texas Southern University in Houston, Texas, why Latinos should trust him after the Obama administration continued deporting “undocumented immigrants.”

Biden claimed that the Obama administration’s policies were more humane than those of President Donald Trump: “We didn’t lock people up in cages,” he said.

In fact, the “cages” were built by the Obama administration to deal with a surge of unaccompanied minors who crossed the border illegally in 2014.

Originally, the Obama administration was “warehousing” children — literally — in overwhelmed Border Patrol facilities. Breitbart News broke the story of the surge, which was partly triggered by Obama’s policy of allowing illegal alien children who entered the country as minors to stay in the country (Deferred Action for Childhood Arrivals, or DACA).

Above image credit: AP Photo/Ross D. Franklin, Pool, File

The above photo was published by the Associated Press in June 2014, and the photo below is of Obama’s Secretary of Homeland Security, Jeh Johnson, touring a Border Patrol facility with “cages.”


Above: Border Patrol officers escort Homeland Security Secretary Jeh Johnson and Gov. Jan Brewer through the department’s Nogales processing facility for immigrant children. (Photo courtesy Barry Bahler/Department of Homeland Security)

The “cages” are chain-link enclosures in Border Patrol processing facilities that are meant to protect children from adults in custody. They are not permanent accommodations.

In mid-2018, as the Trump administration began enforcing a “zero tolerance” policy that stopped the “catch-and-release” policy of letting illegal aliens go after they were arrested. Detaining adults and children meant that children had to be processed separately; the enclosures prevented adults from harming children.

As Breitbart News reported at the time, children were not housed in “cages.” They were processed and then taken to shelters, where they were given medical care, toiletries, education, recreation, and counseling, and where staff attempted to find relatives or sponsors to whom they could be released.

Democrats began tweeting images of “kids in cages” to condemn the Trump administration. Journalists, too, shared those images.

One problem: they were taken during the Obama administration.

Public outrage at the images led President Trump to end the policy, and require families to be detained together.

Democrats keep repeating the mistake, however: in July, they had to delete a tweet that used an image from the Obama era and cited the “inhumane treatment” of children by the Trump administration.

Republicans argue that not detaining illegal aliens is actually the cruel policy, because it encourages migrants to undertake a dangerous journey, often guided by cartels and smugglers.

As Breitbart News’ Alana Mastrangelo noted recently:

But what’s worse than “cages,” however, are reports of migrant children also being handed over to human traffickers during the Obama administration — while Biden was vice president — according to the New York Times. Between October 2013 and July 2015 alone, nearly 80,000 unaccompanied children from Central American countries were detained by U.S. authorities.

It remains unclear how many of the tens of thousands of children were handed over to human traffickers — including sex traffickers — during that span of nearly two years, as those cases are reportedly not tracked.

“Others were ransomed by the very smugglers to whom their families paid thousands of dollars to sneak them into the United States,” reported the New York Times in 2015, during Obama’s presidency and Biden’s vice presidency. “Some lost limbs during the journey or found themselves sold into sexual slavery.”

Biden told voters in South Carolina last month that he would close all border detention facilities, guaranteeing that the migrant flow would continue.

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