Gov. Rick Scott’s administration has now received two stern rebukes from federal judges about his unconstitutional push to drug-test Florida’s welfare applicants. The first judge in 2011 blocked the new policy as likely unconstitutional. This week, a three-judge appeals court panel chimed in with the same conclusion. Florida, the judges unanimously ruled, has “failed to meet its burden in establishing a special need for its mandatory, suspicionless drug testing.”
Since four judges agree that his drug-testing rule is most likely illegal, you would think that the governor would feel at least slightly chastened. Unsurprisingly, Gov. Scott is unapologetic and unwavering. On Tuesday, he vowed that “this decision will be appealed to the Supreme Court.”
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