Rick Scott Drug Testing Executive Order Ruled Unconstitutional By Federal Judge

Source: Arthur Delaney / The Huffington Post

A federal judge has ruled that Florida Gov. Rick Scott (R) violated the Constitution last year when he ordered drug testing for state government workers.

U.S. District Judge Ursula Ungaro ruled on Wednesday that suspicionless drug testing testing for state workers violated the Constitution’s Fourth Amendment ban on unreasonable search and seizure. Scott had suspended his order after it had been challenged by the American Civil Liberties Union and the American Federation of State, County and Municipal Employees, which represents about 40,000 of the 85,000 state workers who would have been affected by the order.

Scott said Thursday he would appeal the ruling, according to the Florida Times-Union. “As I have repeatedly explained, I believe that drug testing state employees is a common sense means of ensuring a safe, efficient and productive workforce … That is why so many private employers drug test, and why the public and Florida’s taxpayers overwhelmingly support this policy.”

While there is a public interest in a drug-free workplace, Ungaro wrote, Scott’s order was too broad, given the narrower interests the Supreme Court has said justify suspicionless drug testing.

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