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