Republicans Consider Drug Testing Welfare Recipients

Congress is debating legislation that could cut federal welfare funding to at least four states and undermine anti-poverty efforts nationally. The bill, the Personal Responsibility, Work, and Family Promotion Act (HR 240), would extend welfare legislation enacted by Congress and President Clinton in 1996. Earlier this week, however, a House subcommittee amended the bill to cut federal welfare funding to any state that does not drug test those applying for or receiving welfare benefits. No state currently drug tests welfare recipients. In fact, a 2003 ruling by a federal appeals court that covers the states of Kentucky, Michigan, Ohio, and Tennessee ruled that states cannot drug test welfare recipients because it's unconstitutional. Those states, and many others, could lose federal funding if the drug testing provision makes it into law. " In 2000 Michigan became the only state to adopt random and suspicionless drug testing of those applying for public assistance. Three years later, in Marchwinski v. Howard, the federal Court of Appeals for the Sixth Circuit upheld a lower court ruling striking down the program as a violation of the 4th amendment to the U.S. Constitution. [more]