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A federal appeals court upheld a lower court's injunction on Tuesday against Florida's effort to make welfare applicants pee in cups to prove they're not on drugs.
In a strongly-worded opinion, U.S. Court of Appeals for the 11th Circuit affirmed a lower court's October 2011 finding that Florida failed to demonstrate a special need for drug testing poverty-stricken parents who apply for cash benefits from the Temporary Assistance for Needy Families program.
"The evidence in this record does not suggest that the population of TANF recipients engages in illegal drug use or that they misappropriate government funds for drugs at the expense of their own and their children's basic subsistence," the three-judge panel wrote. "The State has presented no evidence that simply because an applicant for TANF benefits is having financial problems, he is also drug addicted or prone to fraudulent and neglectful behavior."
And I agree with this decision. There is no evidence to suggest that, because somebody is poor, he or she is automatically a drug addict, anymore than, if someone were a banker, he or she is automatically a crook. :mrgreen: But, seriously, the law was based on stereotyping, and I believe that SCOTUS will uphold the ruling.
Article is here.