state employee drug testing

The U.S. Supreme Court has rejected Governor Rick Scott's request to review a lower court ruling declaring his state employee drug testing policy unconstitutional.

The decision is a victory for 85,ooo state workers, the American Federation of State, County and Municipal Employees and the American Civil Liberties Union of Florida, which challenged Scott's 2011 Executive Order as a waste of taxpayer money.

U.S. Supreme Court To Decide Whether To Take Up Gov. Scott's Drug Testing Appeal

Apr 15, 2014
Francis Storr via Flickr

The U.S. Supreme Court is expected to decide this week whether to weigh in on Florida Gov. Rick Scott’s controversial drug-testing policy. It’s been more than three years since Scott issued an executive order seeking across-the-board drug testing for state employees.

The high court is expected to discuss privately Friday whether to hear Scott’s appeal. The governor filed it after a lower court found that the drug-testing plan was too broad. Behind the scenes, justices sift through thousands of cases a year but decide to hear arguments in only about 100.

A federal appeals court has agreed with a lower court that drug testing all state employees could be unconstitutional. The drug testing rule was put in place by Governor Rick Scott in 2010 through an Executive Order, but was challenged. A district court placed an injunction on the order, essentially invalidating it.

But the ruling, by a three-judge panel in Atlanta says the district court's injunction was too broad. The panel left room for drug testing some state employees, if the Governor can make a case its necessary.