Drug testing and welfare

Have I mentioned my love for Colorlines? Oh, I have? Too damn bad nerds. Seth Freed Wessler wrote up the recent legislation proposing drug testing welfare recipients on Tuesday, and he’s spot on.

Last week a federal appeals court ruled against the Florida law that required welfare recipients pass a drug test to qualify for benefits. Of course, this made Rep. Stephen Fincher (R-Tenn) think what a great idea, let’s do this on the federal level. His bill would require states to collect urine samples randomly for 20 percent of adults who receive benefits from TANF.

Rep. Fincher said, “ By allowing random drug check, we can ensure families who receive TANF benefits use them for their intended purpose of feeding, clothing and providing shelter for their children, while cutting the tie that enables drug abuse. It’s not unreasonable to ask folks to stay clean in order to receive federal assistance.”

Did you get that? Poor people can't be trusted. They aren't responsible with money, if they were they wouldn't be poor. This man's logic is awe inspiring; sorry, I mean his idiocy.

Yes it is unreasonable to do this. Partially because this isn’t cost effective, but more on that later. Partially because substance abuse is an addiction, a sickness, and they need help. But mostly because most TANF recipients aren’t drug users, but they are citizens who are covered by the Fourth Amendment.

TANF provides on average the destitute an average of less than $400 a month, and many eligible families with children don’t receive checks because of the limited block grant. Several states (FL, GA, ND, etc.) have attempted to impose mandatory drug tests on welfare recipient, which has resulted in legislation looking for a problem. In Florida for example, a drug testing program for was employed over several months until the courts blocked it, and it founds 98% of applicants passed the drug test.  

The 11^th Circuit Court of Appeals’ ruled last week to uphold the lower court’s decision to block the Florida law, and the decision applies to a similar law in Georgia. The panel of judges said Florida has failed to prove that substance abuse among welfare recipients is a problem; one judge wrote, “The State has presented no evidence that simple because an applicant for TANF benefits is having financial problems, he is also drug addicted or prone to fraudulent and neglectful behavior.”

Well, no shit. So the court’s decision was based on possible violation of the Fourth Amendment which protects against unreasonable search and seizure because you know they have no proof or suspicion of drug use.

Fincher’s bill aims to get around these constitutional concerns by requiring all welfare recipients sign “a waiver of constitutional rights with respect to testing.” Because poor people aren’t citizens anymore. The bill reads: “The State may not use any part of the grant to provide assistance to any individual who has not signed a waiver.”

So he’s actually trying to do away with welfare. Forfeit your rights or you don’t qualify. He tried to get this bill through in 2011, and has little chance of passing this year. However, his website has a phone number (202) 225-4714 for a Elizabeth Lauten. I plan to call her and ask her what the bill is rooted in, how come we’re assuming TANF recipients use drugs, is this racism, and why poor people in Tenn. don’t have constitutional rights.

The GOP finally figures out how to completely undermine welfare

Drug testing welfare recipients is an attempt to ban welfare through indirect ways. We see it all the time with dealing with reproductive rights via abortion bans. Amanda Marcotte summarizes it nicely in her piece for The Raw Story. Marcotte speculates that the flawed logic behind voter ID laws and abortion restrictions for rape victims are rooted in the same place. For example, the myths of Dems committing voter fraud and rape victims are liars. Likewise, Republicans probably think that welfare recipients could never pass a drug test even though there is evidence to suggest the opposite it true. 

Few welfare recipients actually test positive for drug use in fact, there are no more drug users found through the required testing than random tested as needed requested by case workers. People who believe TANF recipients can afford drugs are a little crazy to begin with. 

So the round about goal of GOP lawmakers who hate welfare is to find a way to prevent people from accessing it. Legislators in North Dakota have figured out that since people who apply for welfare don't have money if you make them pay for drug tests then they won't be able to access welfare. Essentially, making people pay for their own welfare via an old fashion poll tax. There is a cartoon villain somewhere twirling a mustache and laughing maniacally.