The 11th Circuit Court of Appeals declared an executive order by Riock Scott to drug-test 85,000 state employees and all job applicants as mostly unconstitutional, but left room for a lower court decision to be rewritten to allow for certain employees in certain categories to be drug tested–essentially restoring Florida’s drug-testing standard to what it was before the governor’s executive order.
Federal Courts
In a Decision With Local Sway, Federal Court Upholds Prayers Before Government Meetings
The 11th U.S. Circuit Court of Appeals, which has jurisdiction over all of Florida, ruled that the Lakeland City Commission’s custom of opening meetings with a prayer was constitutional, though the court sidestepped the city’s focus on Christian prayers, and its closed door to atheists, agnostics, humanists or other non-clergy representatives.
Red-Light Cameras Draw Class-Action Lawsuit Citing Constitutional Violations
If successful, the lawsuit would have far-reaching consequences as it seeks reimbursements for all ticket fines, which in Palm Coast exceed $1.35 million since 2008.
Federal Judge Calls Florida’s Drug-Testing Of Welfare Recipients Unconstitutional
Judge Mary Scriven called Florida’s requirement that welfare recipients be drug-tested a violation of 4th Amendment protections against unreasonable searches, and dismissed claims that the law would save money.
Class-Action Lawsuit Calls Florida’s In-State College Tuition Restrictions Unconstitutional
American citizens who’ve lived in Florida for years and have all the documents to prove it are denied in-state tuition rights the moment they can’t prove that their parents are lawful Florida residents–an unconstitutional form of discrimination against citizens, the Southern Poverty Law Center charges in the lawsuit.
Judge Throws Out Challenge to Fair District Amendment, Panicking Motley Incumbents
Federal District Judge Ursula Ungaro rejected the argument that the anti-gerrymandering amendment allows voters to meddle in legislative redistricting. Weird alliances between incumbent Democrats and Republicans have formed to keep fighting the voter-approved amendment.
Federal Suit Filed Against Florida Law Requiring Drug Tests of Welfare Recipients
The new law requires recipients of temporary cash assistance to pay $35 to $45 for a drug test first. The ACLU charges the law stigmatizes low-income people and amounts to a suspicionless search.
In a Florida Case, 2nd U.S. Appeals Court To Rule on Health Law Strikes It Down (It’s Now 1-1)
A divided panel of the conservative 11th U.S. Circuit Court of Appeals in Atlanta, in a case from Florida, ruled health reform unconstitutional, saying it is “unprecedented, lacks cognizable limits and imperils our federalist structure.”
Dixie Check: Judge Orders Commandments Removed from County Courthouse Steps
A businessman had paid for the 6-ton monument, but a judge said its message was a clear government endorsement of religion, violating the establishment clause of the First Amendment.
Florida’s Death Penalty Ruled Unconstitutional
Judge Jose Martinez, a George W. Bush appointee, relied on a 2002 U.S. Supreme Court decision barring judges from interpreting “aggravating factors” independent of juries’ explicit findings.