American Federation of State, County and Municipal Employees Council 79 v. Rick Scott

MARCUS, Circuit Judge:

This appeal presents two closely related issues: first, the extent to which an executive order that mandates suspicionless drug testing of 85,000 state employees violates the Fourth Amendment; and, second, the propriety of the district court’s decision to enjoin the Governor of Florida from testing all 85,000 covered employees. The district court, confronted with a suspicionless drug testing policy that almost certainly sweeps far too broadly and hence runs afoul of the Fourth Amendment in many of its applications, granted relief that also swept too broadly and captured…