Supreme Court Shoots Down Rick Scott's Appeal On Drug Testing (updated)

[ProSense]

Supreme Court Shoots Down Rick Scott's Appeal On Drug Testing

The Supreme Court on Monday shot down Florida Gov. Rick Scott's request to review a lower court ruling that struck down his drug testing program for state employees.

The high court's decision not to take the case effectively upholds the 11th Circuit Court of Appeals ruling that the Republican governor's executive order in 2011 to randomly drug-test state employees was unconstitutional as it violated 4th Amendment protections against unreasonable search and seizure.

The Supreme Court did not explain its decision not to hear the case. The order is a victory for the state workers' union.

http://talkingpointsmemo.com/livewire/supreme-court-rick-scott-drug-testing

Updated to add:

U.S. Supreme Court rejects Florida Gov. Rick Scott's request to review drug testing decision

Alex Leary

WASHINGTON — The U.S. Supreme Court on Monday rejected Florida Gov. Rick Scott's request that it review a lower court ruling that his drug testing policy for state employees was unconstitutional.

The decision was a victory for labor unions and their legal advocates.

The court's action leaves in place a May 2013 11th U.S. Circuit Court of Appeals ruling that Scott's executive order making consent to suspicionless drug testing a condition of employment was unconstitutional. A judge said it violated workers' Fourth Amendment rights.

The appeals court did grant Scott some leeway, saying drug testing without suspicion could be used in "certain safety-sensitive categories of employees — for instance, employees who operate or pilot large vehicles, or law enforcement officers who carry firearms in the course of duty."

- more -

http://www.tampabay.com/news/politics/national/us-supreme-court-rejects-florida-gov-rick-scotts-request-to-review-drug/2176064

Tampa Bay Times: Scott worst Florida governor in modern times
http://www.democraticunderground.com/10024797667

[villager]

1. Wait, this Supreme Court is claiming to have heard of the 4th Amendment? Or are they taking

...the Appeals Court's word that one once existed?

A small good step, in any case.

[Vincardog]

2. I say drug test anyone calling for drug testing others.

[Bandit]

3. If it is unconstitutional for public employees to have to submit to drug testing, why isn't

it also unconstitutional for private employees to have to submit to drug testing? It would seem to me we all enjoy the same fourth amendment rights.

[Lochloosa]

4. That was my first thought. We'll see where this leads.

[Orrex]

5. Is the government testing those private employees?

If not, then it's not a constitutional issue.


It's still bullshit, but it's not because it's unconstitutional.

[jeff47]

6. Nope, that's still legal.

The Constitution regulates government, not private business. So private businesses get to keep demanding we pee in a cup because "unconstitutional" does not apply.

Just like companies can read everything on your work computer, record every conversation over your business phone, or even pat you down on your way in the door.

[msanthrope]

8. If it isn't the government testing, then, no. nt

[ProSense]

7. Kick! n/t