Race to the bottom: Scott Walker on drug testing

Daily Beast - According to Wisconsin Governor Scott Walker, what American employers are really looking for these days is “someone who can pass a drug test.”

Walker made that remark in a question-and-answer session in Washington, D.C... The Wisconsin governor is expected to formally unveil the drug testing proposal in his budget next week.

The imitative would require drug testing for recipients of government benefits like food stamps and Medicaid. Walker says his plan is justified because there are many open jobs waiting for people who can pass drug tests and know “how to show up [for work] everyday five days a week.”

Before it was overturned in federal court, Florida’s mandatory drug test law ended up costing the state more money than it saved.

Walker first touted the idea while running for re-election last year, and pledged to “require a drug test for those requesting unemployment and able-bodied, working age adults requesting Food Stamps from the state.” But, sadly for Walker, the plan is almost certainly unconstitutional.

Federal courts have found that laws that require all recipients of welfare benefits to be drug tested violate the 4th Amendment as an unconstitutional search and seizure. However, states have recently passed laws that only require drug tests for those on government assistance for whom there is “a reasonable suspicion” of illegal drug use. This is considered far more likely to pass constitutional muster than blanket drug testing of everyone who applies for public assistance.