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U.S. Supreme Court Turns Down Scott On Worker Drug Testing
April 23, 2014
In a blow to Gov. Rick Scott, the U.S. Supreme Court on Monday said it would not take up his appeal of a ruling that blocked across-the-board drug testing for state employees.
The Supreme Court did not give a reason for its decision, which was included in a list of dozens of other cases it declined to hear. Justices receive thousands of appeals a year but decide to hear arguments in only about 100.
Scott issued an executive order in 2011 seeking drug testing for state workers but quickly faced a legal challenge from the American Federation of State, County and Municipal Employees and the American Civil Liberties Union of Florida. They contended that the policy violated the U.S. Constitution’s Fourth Amendment ban on unreasonable searches and seizures.
Attorneys for Scott pointed, in part, to drug testing that is common in the private sector. But opponents argued that “suspicionless” drug testing by government is unconstitutional.
“Every court that has heard Gov. Scott’s argument agrees: Without a threat to public safety or suspicion of drug use, people can’t be required to sacrifice their constitutional rights in order to serve the people of Florida,” Shalini Goel Agarwal, the ACLU’s lead attorney in the case, said in a prepared statement Monday.
The 11th U.S. Circuit Court of Appeals ruled last year that drug tests could not be justified constitutionally for many of the 85,000 workers who would be subject to Scott’s policy and sent the case back to a district court to determine which workers could be tested. That prompted Scott to file a petition in January asking the U.S. Supreme Court to review the appeals-court ruling.
The Supreme Court’s decision, however, does not end litigation in the case. The two sides continue to carry out a painstaking process of looking at different categories of workers to determine whether some could be subject to drug testing — a process stemming from the appeals court ruling.
In it decision, for example, the 11th U.S. Circuit Court of Appeals said drug testing could be justified in “safety sensitive” positions, such as for employees who operate heavy machinery.
A document filed April 11 in federal court in Miami indicates that the process of determining which employees are subject to drug-testing could take months and lead to clashes between the two sides. Scott issued a statement Monday indicating he hasn’t budged on the need for drug testing.
“State employees should have the right to work in a safe and drug free environment, just like in any other business,” Scott said. “The merits of this case are still being deliberated in the U.S. Southern District Court, and we will continue to fight to make sure all state employees, who are paid by taxpayer funds, can work in a safe, drug free workplace.”
by Jim Saunders, The News Service of Florida
Comments
9 Responses to “U.S. Supreme Court Turns Down Scott On Worker Drug Testing”
The Constitution limits the power of the government over the people.
This means it can’t tell people what they can do with each other without good cause.
We decide people should be forced to be fair to each other, even though that is often impossible to do, impossible to prove we did it.
Every law or power of government should be limited by the warning that it might someday be enforced by our worst enemy.
David for well intended warnings
Ignored
The state is supposedly broke, that is why so many state employees were laid off. State employees have not had a raise in many many years. Drug testing is very expensive. is there a real need to drug test all state employees? Upon hiring, I agree, but to randomly test all employees is a huge expense.
I think it’s rediculous that you can’t get an $8 an hour job flipping burgers. Or running a register at a convenience store without getting tested every time you turn around. Most of the state workers are sitting at a desk making a lot better money than the working man and aren’t subject to random screenings. I know several people that work for the state that are using pot and meth and laugh it up whenever I have to get randomly tested cause they don’t have to be “bothered” with it. I think they should be subject like everyone else. If it’s against their constitutional rights then it’s against the rest of the population’s as we’ll.
Mark,
The military often handles deadly weapons. It is good to know such people are not high.
If others have jobs in which they might cause harm while high, there is no problem testing them.
Not trying to tell the governor how to do his job (especially since he robbed me –standard operating procedure for politicians) but if government employees’ job description included the possibility of driving heavy equipment or handling explosives or other weapons, drug testing would likely pass muster. Say they armed all government employees and required them to carry at all times and EVERYBODY would want them tested FREQUENTLY.
It would certainly make life even more interesting than it already is.
David for interesting times
I agree Robert S., I do not trust Scott and definetly do not trust Christ, i will not vote for either one of them in this up coming elect, I just hope we have a better choice than these two hypocrits.
What a shame, these people have the good paying job, full benefits AND able to be druggies. How Nice
Can’t get a job at a dollar store without a drug test.
IF, IF, this included making our publicly elected officials and their appointees be subject to random, without reason, be made to submit to drug testing, including alcohol and tobacco, And IF those results were made immediately public in all forms of the media, Then this may have more public support.
It is felt that a company that is completely divorced from those owned by the governor’s family would be the better choice to do the testing and make the millions of dollars.
Weary of the Scott administration, wary of the Christ re-do.
If an employee is performing well within the standards of their job description great!
If an employee is not meeting job performance requirements, then terminate employment.
This is messed up. Our military has been subjected to random drug screenings since about 1983 as they should be. All the Courts including the Supreme Court is no longer a place justice and redress for the innocent citizen can be found. They are populated with the same ilk that occupy the other two branches of our oppressive, progressive (communist) government.