Gov. Rick Scott’s administration has asked the full 11th U.S. Circuit Court of Appeals to decide whether the state can require drug tests for people seeking public-assistance benefits.
A three-judge panel of the court last month sided with a federal district judge, who issued an injunction against a 2011 drug-testing law.
In a filing last week, the Scott administration asked for what is known as an “en banc” hearing before the full appeals court and continued to argue that such drug testing does not violate the constitutional rights of people seeking aid through the Temporary Assistance for Needy Families program.
“The issue here is of great public importance,” the state’s attorney wrote in the filing. “TANF is a major, nationwide program, and all of the states in this circuit are debating the public policy of drug testing TANF applicants. Additionally, even states outside this circuit will look to this court’s decision for guidance on the constitutionality of such conditions.”
Opponents have long contended that the drug-testing requirement violates the U.S. Constitution’s Fourth Amendment ban on unreasonable searches.
“The simple fact of seeking public assistance does not deprive a TANF applicant of the same constitutional protection from unreasonable searches that all other citizens enjoy,” said the three-judge panel’s ruling, which upheld a preliminary injunction issued by U.S. District Judge Mary Scriven.
