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New Year’s Eve brings two federal court rulings of note
Posted By Sharon McCloskey On January 2, 2014 @ 2:27 pm In Uncategorized | Comments Disabled
While many prepared to ring in 2014, judges in two federal districts handed down decisions worth considering given the “hot-button” issues they address.
In Florida, U.S. District Judge Mary S. Scriven struck down  that state’s mandatory drug testing requirement for welfare applicants, finding that it violated the constitutional protection against unreasonable searches.
As noted here  in the New York Times:
Florida passed the measure in 2011, and the case was being closely watched by several other states, including Georgia, which passed similar legislation in 2013 but found it dogged by legal challenges. State data in Florida also showed that the measure produced few results. Only 108 out of 4,086 people tested — 2.6 percent — were found to have been using narcotics. State records showed that the requirement cost more money to carry out than it saved.
North Carolina’s legislature passed a drug-testing bill last year that required drug testing of applicants who, based upon reasonable suspicion, may be abusing drugs. Gov. Pat McCrory then vetoed that bill in August, only to be overridden by the General Assembly. The program has not been implemented though because of insufficient funding.
And in New York, U.S. District Judge William Skretny upheld  New York’s expansion of bans on assault weapons and large-capacity magazines, finding that most of New York’s recent gun reform law did not impermissibly burden the Second Amendment, particularly in light of evidence that the state introduced linking large-capacity magazines and assault weapons to more deaths.
As Nicole Flatow points out in this  Think Progress post:
The ruling is one of several to uphold new gun law reforms, citing the U.S. Supreme Court decision District of Columbia v. Heller , which reiterated that that the right to bear arms is far from unlimited. In October, a California appeals court upheld that state’s ban  on semi-automatic rifles, citing Heller‘s conclusion that ownership of “[d]angerous and unusual weapons” is not protected by the Constitution. And earlier that month, a federal judge refused to block  Maryland’s new gun reform bill.
Article printed from The Progressive Pulse: http://pulse.ncpolicywatch.org
URL to article: http://pulse.ncpolicywatch.org/2014/01/02/new-years-eve-brings-two-federal-court-rulings-of-note/
URLs in this post:
 struck down: http://thinkprogress.org/wp-content/uploads/2014/01/document.pdf
 here: http://www.nytimes.com/2014/01/01/us/florida-law-on-drug-testing-for-welfare-is-struck-down.html
 upheld: http://www.scribd.com/fullscreen/194882730?access_key=key-2ln747jiq99krofqe2a0&allow_share=true&escape=false&view_mode=scroll
 this: http://thinkprogress.org/justice/2014/01/02/3111881/federal-judge-upholds-major-provisions-york-gun-law/
 District of Columbia v. Heller: http://thinkprogress.org/justice/2012/11/28/1246471/federal-appeals-court-upholds-new-york-gun-licensing-law/
 upheld that state’s ban: http://thinkprogress.org/justice/2013/10/23/2819911/california-appeals-court-upholds-assault-rifle-ban/
 refused to block: http://thinkprogress.org/justice/2013/10/01/2712951/judge-rebuffs-motion-to-halt-maryland-gun-law/
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