Gov. Rick Scott wants the U.S. Supreme Court to review the decision by a federal appeals court striking down random drug testing of state workers as a violation of their Fourth Amendment protections.
Scott filed a petition for a writ of certiorari Monday with the nation's highest court. The 11th U.S. Circuit Court of Appeals ruled last May that his executive order making consent to suspicionless drug testing a condition of employment was unconstitutional.
The lawsuit was brought by Council 79 of the American Federation of State, County and Municipal Employees (AFSCME), a union that represents many rank-and-file state workers, and the American Civil Liberties Union.
"The (Scott) administration seems to wish to fight to the bitter end to defend this wrongheaded and unconstitutional policy," said a statement from ACLU attorney Shalini Goel Agarwal. "We are prepared to demonstrate to the U.S. Supreme Court, as it has found before, that the state has no authority to require people to submit their bodily fluids for government inspection and approval without reason or suspicion.”
The ACLU also said there was little chance that five of the nine U.S. Supreme Court justices would agree to take up the case.
-- Steve Bousquet