The US Supreme Court Monday declined to review [13] a lower court ruling that found Florida Gov. Rick Scott's (R) plan to randomly drug test state employees unconstitutional.
The drug test-happy governor had issued an executive order in March 2011 directing all state agencies to drug test new hires and randomly test current employees. But that order was challenged by the American Federation of State, County, and Municipal Employees Council 79, representing state workers.
The union argued that random drug testing was a violation of the Fourth Amendment's proscription against unreasonable searches and seizures. In its decision, the 11th Circuit generally agreed with the union, finding the suspicionless drug tests unconstitutional, but also ordered the state and the union to determine which state employees could be subjected to such testing.
The legal proscription on drug testing state employees is not complete. There are exceptions for some public safety and law enforcement workers.
But Gov. Scott's ambitious plan to foist drug testing on all state workers without cause has been squashed.