Following his third statewide victory in four years, Wisconsin Gov. Scott Walker wasted no time before announcing new reforms for his state. By far the most controversial is his stated intention to impose narcotics testing on prospective recipients of food stamps and unemployment benefits.

A report in the Wisconsin State Journal suggests that Walker’s proposed reform will encounter the same constitutional hurdles.

When it comes to cash welfare, broad-based drug testing also has been declared unconstitutional.

Florida’s law has been on hold for three years since a federal judge found the requirement violates the constitutional guarantee against unreasonable government searches.

The class-action lawsuit was brought by Luis Lebron, a single father and disabled Navy veteran, who refused to take a drug test on the grounds that it violated his civil rights.

U.S. District Judge Mary Scriven agreed with Lebron, finding that mandatory drug testing without a reasonable suspicion of drug use violates the Fourth Amendment.

That decision, involving the state’s Temporary Assistance for Needy Families program, was upheld by the 11th Circuit U.S. Court of Appeals last year. The state of Florida has appealed.

Continue reading →