Georgia Drug Testing Likely to Face Legal Challenges

By: Ray Henry, Associated Press Email
By: Ray Henry, Associated Press Email

ATLANTA (AP) -- March 17, 2012

A push to require drug tests for people seeking welfare payments in Georgia could face an uncertain future if it's challenged in court.

Federal judges have already struck down similar laws in other states.

Lawmakers in Georgia's General Assembly are still working out final details before holding a final vote on the plan. That vote is expected in the coming weeks.

The U.S. Constitution bans governments from randomly drug testing people. The U.S. Supreme Court has defined special exceptions to that, when a serious public need outweighs a person's right to privacy. But exactly what falls within those exceptions can get murky.

Republican Rep. Jason Spencer, who supports the testing, said he expects the state will face a legal challenge.

Federal judges have blocked similar laws in Michigan and Florida.


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