“Invasive And Humiliating”: Court Deals Blow To Drug Testing Of Florida Welfare Recipients
A federal appeals court on Wednesday upheld a lower federal court ruling that Florida Gov. Rick Scott’s crusade to conduct drug tests on welfare recipients as a condition of their benefits was unconstitutional.
The unanimous ruling came from a bipartisan panel of judges and broadly concluded that people cannot be forced to surrender their constitutional rights as a condition of receiving a government benefit. The decision came just two weeks after the 11th U.S. Circuit Court of Appeals judges heard arguments in the case.
In an exhaustive, 54-page ruling, Judge Stanley Marcus concluded that “citizens do not abandon all hope of privacy by applying for government assistance.” He said that “the collection and testing of urine intrudes upon expectations of privacy that society has long recognized as reasonable” and that “by virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy.”
In 2011, Scott initiated a program to require drug testing as a condition for welfare applicants to receive Temporary Assistance for Needy Families benefits. The ACLU sued the state on behalf of Luis Lebron, a Navy veteran and single father.
In a statement, Maria Kayanan, ACLU of Florida associate legal director, said she was “pleased” by the court’s opinion.
“This is a resounding affirmation of the values that the Fourth Amendment of the U.S. Constitution protects — that none of us can be forced to submit to invasive and humiliating searches at the whim of the government, and that the Constitution protects the poor and the wealthy alike,” she said.
A circuit court judge ruled in 2013 that the program was an unconstitutional violation of the 4th Amendment protections against unreasonable searches and seizures, and halted testing. Scott appealed to the federal appeals court and a hearing was held Nov. 20.
The Florida Department of Children and Families had argued that the drug tests were warranted for all TANF recipients because the state had an interest in protecting children of welfare recipients who were using drugs. But Marcus concluded that “the State has presented no evidence that children of TANF parents face a danger or harm from drug use that is different from the general threat to all children in all families. After all, the State acknowledges that drug use harms all individuals and families, but the State does not — and cannot — claim an entitlement to drug test all parents of all children.”
In a separate case, Marcus wrote the opinion that struck down Scott’s attempt to randomly test state workers for drugs. Scott has considered appealing that ruling to the U.S. Supreme Court after removing from the list about half of the state’s classes of workers who would be eligible for drug screening.
By: Mary Ellen Klas, The Miami Herald (TNS); The National Memo, December 3, 2014
“Rick Scott’s Epic Blunder”: Directly Insulting The Very People Whose Support He Needs
The dust-up over Charlie Crist’s portable fan at the Florida gubernatorial debate has degenerated into a war of words over which side violated the pre-negotiated rules. The truth of who plugged in what device, and on whose authority, may forever remain lost in the murk of Sunshine State politics.
But the issue here is not who is right and who is wrong. The issue is that Governor Rick Scott, by not taking the stage for seven minutes, lost the battle. And he did it in a way that is spectacularly tone-deaf. Non-participation in a debate requires solid justification, especially once the candidates are already on-site and waiting to take part, as was the case in Florida. Whatever the particulars of Crist and his Vornado Air Circulator, the annoyance did not merit the Defcon One response that Scott and his handlers accorded it. In making the event about his own petulance, Scott created a blunder that enters the annals of what not to do in a campaign debate.
Debates are frequently won and lost on the little things. Rick Perry’s “oops” moment. Mitt Romney’s $10,000 bet. Obama’s “You’re likable enough, Hillary” line. George H.W. Bush glancing at his watch. Richard Nixon’s flop sweat. Al Gore advancing inappropriately on George W. Bush and Rick Lazio invading Hillary Clinton’s space to demand that she sign a pledge. The list goes on.
Such mishaps tend to fall into three predictable categories: cosmetic problems (Nixon), strategic miscalculations (Gore, Lazio), and inadvertently self-inflicted wounds (Perry, Romney, Obama, Bush and the watch). Obviously, no candidate ever sets out to damage himself, but in the live arena of a debate, mistakes are easy to make and difficult to undo.
Rick Scott ought to have known that showing up late could only be perceived as an insult to the audience — not just those in the hall but the extended viewing audience as well. Politicians too often fail to take into account the popularity of debates among voters, and the proprietary feeling viewers bring to these programs. Debaters who show disrespect for the institution — say, by refusing to step onstage — are directly insulting the very people whose support they need.
By granting Charlie Crist several minute of valuable airtime alone on the debate set, Scott essentially handed his opponent a huge gift of free advertising. As a number of commentators have pointed out, Scott passed up a golden opportunity to upstage his rival, to use Crist’s vanity against him. Instead, Crist got to grandstand, Scott came off as pissy, and Florida politics — once again — looked nuts.
The high drama of that opening few minutes worked against Scott on a number of levels. Although the moderator backed up the Scott campaign’s point about a rules violation, he also directly attributed Scott’s absence to the fan, planting the issue front and center in the public spotlight. The catcalls of the live audience lent an air of anti-Scott sentiment to the proceedings before the debate had even started. And a cutaway shot of the fan in question, whirring innocently behind Charlie Crist’s lectern, further reinforced the absurdity of Scott’s overreaction.
The key thing about debates, and the reason politicians dread them, is that they are live. Which is to say, the participants get no do-overs. That Governor Scott could not anticipate the damaging effect of seven minutes of dead airtime speaks ill of his judgment. When the candidates reconvene for the final debate on October 21, Rick Scott had better be on time.
By: Alan Schroeder, Professor of Journalism, Northeastern University; The Huffington Post Blog, October 17, 2014
“Wedding Dresses And Boyfriends”: Listen Up, Ladies; Republicans Understand You
Political ads, as a rule, are terrible in every way. Lacking in anything approaching subtlety, creativity or production values, they usually achieve their impact through numbing repetition—you may be skeptical upon hearing that “Candidate Smith doesn’t share our values,” but once you’ve heard it 50 or 60 times, the theory goes, it should sink in. But every once in a while, one stands out, as is the case with this little gem trying to tell ladies to vote for Governor Rick Scott of Florida. It’s actually one in a cookie-cutter series, with the names of other Republican governors and Democratic candidates substituted in.) The thinking behind it seems to be that if you want to relate to ladies, what you’ve got to do is talk about wedding dresses. Take a look: http://youtu.be/ZOppsQJtL2M
It’s a takeoff on the reality show Say Yes to the Dress, which I haven’t actually seen, but I gather involves wedding dresses, and saying yes to them. While pop culture references are always a good way to grab attention, the message here is pretty condescending. It’s as though they’re saying, “Look, ladies, we know this politics thing is complicated, but think about this way. Candidates are like dresses…” You may recall that just a couple of weeks ago, a Republican group put up an ad showing a young woman comparing Barack Obama to a terribly disappointing and possibly abusive boyfriend. It’s as though when Republicans try to figure out how to appeal to women, they say to each other:
“OK, so how do we get our message to broads? Any ideas?”
“How about we talk about the things they’re into? Like, you know, boyfriends and wedding dresses and stuff?”
“That’s genius!”
As Amanda Marcotte wrote, “At this point, it’s hard not to wonder if the people being hired to do outreach to women on behalf of Republican candidates aren’t all a bunch of Democratic moles.”
(An aside: The dress ad was produced by the College Republican National Committee, which, in case you don’t know, is a much bigger deal in many ways than the College Democrats are. The College Republicans isn’t just a bunch of kids registering people to vote on their campuses; instead, it’s a kind of combination finishing school and Thunderdome death match funded with millions of dollars in big-donor money, where the most vicious, unscrupulous, ruthless operatives-in-training rise to the top by sticking shivs in their peers until, with the blood of vanquished fellow Republicans dripping from their teeth, they are rewarded with careers in the politics business. It’s the place where people like Lee Atwater, Karl Rove, Ralph Reed, and Jack Abramoff learned their craft and came to the attention of their elders. If you want to know more, a few years back Franklin Foer wrote a terrific article about this little pack of Damiens.)
This isn’t even the first time the College Republicans have tried this. I came across this takeoff on The Bachelorette which they put up in April, though apparently no one noticed:
To be fair, it isn’t as though there’s necessarily anything wrong, in the abstract anyway, with comparing candidates to romantic partners. (Remember “I’ve Got a Crush On Obama“?) But when you’re trying to reach out to a particular group, it’s important to communicate to them that you respect them and you understand their concerns. And these ads do precisely the opposite. Instead of talking about the things that are important to women, they take the same message they’d offer to anyone else, and just put in what they consider a womanly context (wedding dresses! boyfriends!). Imagine that a candidate went before an audience of Hispanics and said, “Let me explain this in a way you can relate to: My economic plan is like a really good tamale. My opponent’s economic plan is like the worst tamale you ever ate. Understand?” And he’d expect everyone in the audience to turn to each other and say, “I may not care for his position on immigration, but that tamale analogy showed me that he really gets us.”
Perhaps Republicans think that if nothing else, women will give them points for trying. After all, if nothing else these kinds of ads show that the GOP wants women’s votes, right? Which is better than just calling them sluts all the time, I suppose. But not by much.
By: Paule Waldman, Contributing Editor, The American Prospect, October 2, 2014
“Florida Goes Down The Drain”: The Concept Of ‘Going Down To The Water’ Has Extended To ‘Stepping Off The Front Porch’
On Miami Beach, rising sea levels have interesting consequences. The ocean periodically starts bubbling up through local drainpipes. By the time it’s over, the concept of “going down to the water” has extended to stepping off the front porch.
It’s becoming a seasonal event, like swallows at Capistrano or the return of the buzzards to Hinckley, Ohio.
“At the spring and fall high tides, we get flooding of coastal areas,” said Leonard Berry, the director of the Florida Center for Environmental Studies. “You’ve got saltwater coming up through the drains, into the garages and sidewalks and so on, damaging the Ferraris and the Lexuses.”
Ah, climate change. A vast majority of scientific studies that take a stand on global warming have concluded that it’s caused by human behavior. The results are awful. The penguins are dwindling. The polar bears are running out of ice floes. The cornfields are drying. The southwest is frying.
There is very little on the plus side. Except maybe for Detroit. As Jennifer Kingson reported in The Times this week, one scientific school of thought holds that while temperatures rise and weather becomes extreme in other parts of the country, Detroit’s location will turn it into a veritable garden spot.
Miami is probably not used to being compared unfavorably to Detroit. But there you are. “We’re going to wander around shin-deep in the ocean — on the streets of Miami,” said Senator Sheldon Whitehouse of Rhode Island, who is planning to go on a climate-change tour this month with Florida’s senior senator, Bill Nelson. (The junior senator, Marco Rubio, who’s no fan of “these scientists,” will presumably not be joining the party.)
Once a week, when the Senate is in session, Whitehouse gets up and makes a speech about rising sea levels or disappearing lakes or dwindling glaciers. He’s kind of the congressional climate-change guy. He’s also looking for bipartisan love and feeling lonely. “I’ve got exactly no Republican colleagues helping me out with this,” he said.
There was a time, children, when the parties worked together on climate-change issues. No more. Only 3 percent of current Republican members of Congress have been willing to go on record as accepting the fact that people are causing global warming. That, at least, was the calculation by PolitiFact, which found a grand total of eight Republican nondeniers in the House and Senate. That includes Representative Michael Grimm of New York, who while laudably open-minded on this subject, is also under indictment for perjury and tax fraud. So we may be pushing 2 percent in January.
This is sort of stunning. We’re only looking for a simple acknowledgment of basic facts. We’ll give a pass to folks who accept the connection between human behavior and climate change, but say they don’t want to do anything about it.
Or that China should do something first.
Or: “Who cares? I’m from Detroit!”
In Congress, Republican environmentalists appear to be terrified of what should be the most basic environmental issue possible. Whitehouse blames the Supreme Court’s decisions on campaign finance, which gave the energy barons carte blanche when it comes to spending on election campaigns. It’s certainly true that there’s no way to tick off megadonors like the fabled Koch brothers faster than to suggest the globe is warming.
“At the moment, there’s a dogma in the Republican Party about what you can say,” Tom Steyer told me. He’s the billionaire who formed a “super PAC” to support candidates who acknowledge that climate change exists, that it’s caused by human behavior, and that we need to do something major about it.
Steyer has committed to spending about $100 million this year on ads and organizing in seven states. Many in the campaign-finance-reform community think this is a terrible idea, and that you do not combat the power of right-wing oligarchs to influence American elections by doing the same thing on the left. They have a point. But think of the penguins.
Florida’s Republican governor, Rick Scott, who’s running for re-election, has been asked many times whether he believes in man-made climate change. Lately, he responds: “I’m not a scientist.” Scott is also not a doctor, engineer, computer programmer, personal trainer or a bus driver. Really, it’s amazing he even has the confidence to walk into the office in the morning.
The governor did visit last month with some climate scientists. He began the meeting by making it clear that he did not intend to go anywhere near the word causes. After the group had pulled out their maps and projections — including the one that shows much of Miami-Dade County underwater by 2048 — Scott asked them questions. Which were, according to The Miami Herald, “to explain their backgrounds, describe the courses they taught, and where students in their academic fields get jobs.”
If they’re lucky, the students will wind up someplace where there’s no seawater in the garage.
By: Gail Collins, Op-Ed Columnist, The New York Times, September 24, 2014
“A Man Of Mystery”: If You Don’t Ask, Rick Scott Won’t Tell
Rick Scott is our own man of mystery, Austin Powers without the hair mop and dance moves.
No Florida governor has ever operated with such jet-setting stealth, concealing so many details of his daily travels and contacts. He says he’s out working nonstop for the citizens of his adopted state, yet his official schedule is full of more gaps than the Nixon transcripts.
Occasionally, Floridians catch an intriguing glimpse of Scott’s shadow life. His secret hunting trip to a Texas game ranch courtesy of U.S. Sugar had been kept under wraps for more than a year before it was sniffed out by reporters from the Tampa Bay Times.
The governor still refuses to divulge who went with him, or whom he met. One known fact is that U.S. Sugar, an epic polluter of the Everglades, has donated more than $534,000 to Scott’s reelection campaign so far.
His recent predecessors regularly made public their detailed travel and work records, including political fundraising trips. Up until Scott took office, it was generally accepted that Floridians have a right to know where their governor is going, and why.
Whenever Lawton Chiles took a private plane to a campaign stop, his office released not only the names but also the phone numbers of other passengers on the aircraft. Both Jeb Bush and Charlie Crist, who’s running against Scott this year, often provided lists of who attended private meetings with them, and what subjects were discussed.
Since his arrival in Tallahassee, Scott has promised “transparency,” and on his first day signed an executive order restarting the Office of Open Government, which is supposed to help Floridians gain easier access to public records.
However, Scott’s concept of a public record is narrow, to put it kindly.
By using his own Cessna Citation instead of a state jet, he definitely saves the taxpayers money. He also conveniently shields himself from potentially embarrassing inquiries regarding his whereabouts.
The tail numbers of his plane have been removed from flight-tracking websites, so you can’t see where it’s heading or where it’s been. Scott and his staff won’t disclose even the most basic travel information — destination, times of departure and arrival — until days after the trip, if then.
Key details are typically blacked out, using a public-records exemption that was intended to shield “surveillance techniques” of the Florida Department of Law Enforcement. The FDLE provides security staff for the governor.
His secrecy obsession policy extends beyond his travel plans.
As part of his initial push for transparency, Scott launched Project Sunburst, which was supposed to makes available his state emails and those of his executive staff.
It would have been good for open government, if only Scott’s chief of staff (and then his successor) hadn’t ordered all employees to use private emails and cellphone texts when discussing sensitive matters.
The objective was to hide important policy-making from outside scrutiny, reducing Project Sunburst to a farce.
A suit by Tallahassee lawyer Steven Andrews has revealed that private emails were used by Scott’s top staff, and even his wife, to coordinate a $5 million project to re-manicure the entrance of the governor’s mansion and purchase nearby real estate for a “governor’s park.”
The planning was being done on state time, and the Republican-controlled Legislature obligingly allotted $2.5 million for the makeover.
For the rest of the funds, a “Governor’s Mansion Foundation” hit up major companies eager to stay in Scott’s good graces — including Florida Power and Light, Blue Cross Blue Shield and the GEO Group, which operates two state prisons.
“U.S. Sugar just came thru w check for $100k!!!” burbled the mansion curator to Scott’s deputy chief of staff, via private email.
A judge’s order was necessary before this interesting message and others were uncovered. It’s a matter of significant public interest when corporations that rely on state approval shower hundreds of thousands of dollars on a sitting governor’s pet project.
You think U.S. Sugar or FPL gives a rat’s azalea about the landscaping at the mansion? They gave the money for the same reason they write campaign checks — to purchase favor.
Scott won’t talk about this because he is, after all, a man of mystery.
Now you see him, now you don’t.
By: Carl Hiaasen, Columnist, The Miami Herald; The Nationla Memo, September 2, 2014
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