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Mandatory Drug Testing for State Employees ruled Unconstitutional

Written by Moses & Rooth on April 26, 2012

A federal judge in Miami has ruled that the mandatory drug testing of government employees pursuant to Governor Scott’s Executive Order is unconstitutional.  You can read Judge Ungaro’s opinion here.

The Judge ruled that requiring drug testing of government employees violated the Fourth Amendment of the Constitution which prohibited unreasonable searches and seizures.  Judge Ungaro wrote that “The fundamental flaw with the Executive Order is that it infringes privacy interests in pursuit of a public interest which, in contrast to the concrete and carefully defined concerns inSkinner, Nat’l Treasury, and Vernonia, is insubstantial and largely speculative.

So what does all this mean?  Well the trial judge ruled that Governor Scott’s executive order was unconstitutional.  The judge ruled that the privacy interest were more important then the public interest, which was the goal of the order.

Call this one a score for protecting the Fourth Amendment and not allowing the government to infringe upon our private lives.

Posted Under: Fourth Amendment

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