{"entry":{"title":"Either Drug-Test for Welfare, or Legalize Drugs","date":"Fri, 08 Feb 2013 23:00:00 -0600","author":"Ilan Wurman, Stanford Law Review","description":"
In the past few years, there has been a flurry of legislative proposals in the states to require welfare recipients to submit to suspicionless drug testing. A federal district court has recently granted a preliminary injunction enjoining such a program in Florida on the grounds that the plaintiffs were likely to succeed on the merits of a Fourth Amendment claim. Only the Sixth Circuit has otherwise addressed the question, with the appellate panel disagreeing with a trial judge who also granted a preliminary injunction on Fourth Amendment grounds, and the full Circuit upholding the trial judge by an equally divided, six-to-six vote. The constitutionality of these legislative proposals is, therefore, very much open to question. All the literature written on the question of suspicionless drug testing of welfare recipients have come to the same conclusion that such testing violates the Fourth Amendment. <\/span><\/p>","original_link":"http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=2212509"}}