VoteKansas.org

College costs have been driven up by Obama administration policies, budget shortfalls, union contracts and just plain greed.

Among the GOP victories in 2010, none was sweeter than that of Marco Rubio...

These liberals are sure not only that their ideas and policies are more effective but also that they are morally imperative -- and that conservative ideas and policies are not just ineffective but also woefully immoral.

NYTimes.com: ACLU Sues Over Border Patrol Stops in U.S. Pacific Northwest by Reuters:

The U.S. Border Patrol is unjustifiably stopping people based on their skin color in Washington state's Olympic Peninsula, just across the water from Canada, the American Civil Liberties Union said in a lawsuit filed on Thursday.

Two Latinos and a black man - two of them prison corrections officers - said in the complaint filed in U.S. federal court in Seattle that they were subject to racial profiling. One of the officers was in his uniform when he was stopped, the lawsuit said.

Under heavy pressure from farm groups, the Obama administration said Thursday it would drop an unpopular plan to prevent children from doing hazardous work on farms owned by anyone other than their parents.

The Labor Department said it is withdrawing proposed rules that would ban children younger than 16 from ...

Cove Point in Southern Maryland has become the latest flash point in the fight between the fossil fuels industry and its longtime foes in the environmental movement.

Citing a unique Carter-era agreement, the Sierra Club says it will veto plans by energy giant Dominion to build the first natural gas ...

LANSING, Mich. — A state board Thursday deadlocked on a proposal to put Michigan's contentious emergency financial manager law on November's ballot for possible repeal, dealing a major blow to a petition drive sparked in part by the state's deal to fix Detroit's troubled city finances.

The Michigan Board of ...

SEATTLE — The American Civil Liberties Union filed a lawsuit Thursday against the U.S. Border Patrol seeking to bar agents from making traffic stops, saying people are being pulled over and questioned "without reasonable suspicion."

The lawsuit stems from tensions between immigrants and the expanded presence of Border Patrol agents ...

One month after the chief restructuring officer for failed solar panel maker Solyndra reported no wrongdoing by the company, documents show federal investigators have remained busy in recent months scouring the company's financial documents, internal emails and computers.

The activity surrounding the criminal probe into Solyndra was revealed in bankruptcy ...

FLORIDA

TALLAHASSEE — A Florida Highway Patrol lieutenant who ordered the reopening of a fog- and smoke-shrouded interstate highway shortly before a series of crashes killed 11 people was unaware of the agency's procedures and had no formal training in opening and reopening roads, a state report said Thursday.

The ...

BRIDGEPORT, OHIO — The first-graders in Ohio Pack 109's Tiger Scouts didn't know or care their den mother was a lesbian at least not until the Boy Scouts of America disqualified her over the organization's ban on gays.

Now, parents who were aware of Jennifer Tyrell's sexual orientation well before ...

Update: American Federation of State County and Municipal Employees, Council 79 v. Scott, 11-civ-21976-UU (S.D. Fla. April 26, 2012):

To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing. Chandler, 520 U.S. at 313. To warrant an exception from the main rule, the government must show that it has a “special need, beyond the normal need for law enforcement.” Id. When, as here, the government alleges such a need, “courts must undertake a context-specific inquiry, examining closely the competing private and public interests advanced by the parties.” Id. at 314. The permissibility of a drug-testing program "is judged by balancing its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests." Skinner, 489 U.S. at 619-620 (quoting Delaware v. Prouse, 440 U.S. 648, 654 (1979)).

. . .

Moving to the Georgia statute [in Chandler] in question, the Court held that merely aspirational goals, such as promoting public confidence and trust in elected officials and demonstrating the government’s commitment to the struggle against drug abuse, which are not tied to any real, concrete danger, do not constitute a “special need” sufficient to exempt a state from its normal Fourth Amendment requirements. According to the Court, Georgia had failed to present any evidence of a “concrete danger” that would demonstrate that the hazards the state sought to avoid were “real and not simply hypothetical.” Id. at 319-20. In particular, the state had asserted “no evidence of a drug problem among the State's elected officials,” nor did the covered individuals “typically ... perform high-risk, safety sensitive tasks.” Id. “Symbolic” public concerns, the Chandler Court concluded, warrant no special departure from the Fourth Amendment. Id. at 322.

. . .

In other words, the Governor’s safety rationale for the EO essentially relies on the Governor's common sense belief that because illegal drug use exists in the general population, it must also exist among state employees. And, the Governor predicts these drug-impaired employees will be less reliable and more accident-prone; thus, a public benefit will be attained by ensuring that all state employees under the Governor's purview are drug-free. The Governor may be right, but unlike the programs in Skinner, Nat’l Treasury, and Vernonia, which were moored to concrete dangers, the Governor’s program is detached from any readily-apparent or demonstrated risk. Rather, the Governor’s broadly-defined objectives more closely resemble the state of Georgia’s argument, rejected in Chandler, that the testing of state officials was justified because “the use of illegal drugs draws into question an official's judgment and integrity; jeopardizes the discharge of public functions, including antidrug law enforcement efforts; and undermines public confidence and trust in elected officials.” 520 U.S. at 318. And in Chandler, the Supreme Court held that without evidence of a drug problem among the state’s elected officials (who typically do not perform high-risk, safety-sensitive tasks), this justification was “symbolic, not ‘special,’” as required by the relevant precedents. Id. at 322.

The Union here asks for a permanent injunction, which requires three elements: (1) there was a legal violation; (2) there is a serious risk of continuing irreparable injury if an injunction is not granted; and (3) there are no adequate remedies at law. Bolin v. Story, 225 F.3d 1234, 1242 (11th Cir. 2000). Here, the Court finds that the EO, as applied to current employees at the covered agencies, is violative of the Fourth Amendment, and that these employees will suffer irreparable harm if subjected to it. See Covino v. Patrissi, 967 F.2d 73, 77 (2d Cir. 1992) (holding that Fourth Amendment violation is enough to show irreparable harm); see also Am. Fed'n of Teachers-West Va., AFL-CIO v. Kanawha Cnty. Bd. of Educ., 592 F. Supp. 2d 883 (S.D.W. Va. 2009); Bannister v. Bd. of Cnty. Comm'rs of Leavenworth Cnty., Kan., 829 F. Supp. 1249 (D. Kan. 1993); Marchwinski v. Howard, 113 F. Supp. 2d 1134 (E.D. Mich. 2000), but see 309 F.3d 330 (6th Cir. 2002) (holding that district court erred in granting preliminary injunction) vacated by 319 F.3d 258 (6th Cir. 2003). The Court also concludes that there is no adequate remedy at law in light of the immeasurable nature of the harm that will flow from the EO’s implementation; were the EO to be implemented, the current employees at the covered agencies would suffer a Fourth Amendment violation that cannot be remedied in monetary terms. “Indeed, one reason for issuing an injunction may be that damages, being immeasurable, will not provide a remedy at law.” Treasure Valley Potato Bargaining Asso. v. Ore-Ida Foods, Inc., 497 F.2d 203, 218 (9th Cir. 1974), cert. denied 419 U.S. 999 (1974).

The Court is mindful, however, that injunctive relief should be limited in scope to the extent necessary to protect the interests of the parties. See Gibson v. Firestone, 741 F.2d 1268, 1273 (11th Cir. 1984). Because the Union did not contend that the EO is unconstitutional as applied to “prospective new hires,” meaning individuals who are not currently employed at covered agencies, the Court does not reach the issues of whether such prospective employees can be subjected to preemployment testing and subsequent random drug testing pursuant to the EO. However, the relief encompasses both Union and non-Union employees because the EO is unconstitutional as applied to them for precisely the same reasons. Accordingly, the Court grants permanent injunctive relief to all individuals currently employed at covered agencies.

StoptheDrugWar.org: Judge Rejects Florida State Employee Drug Testing by Phillip Smith

Jacksonville.com: Rick Scott's state worker drug tests ruled unconstitutional by Mike Marino

HuffPo: Rick Scott Drug Testing Executive Order Ruled Unconstitutional By Federal Judge by Arthur Delaney

MiamiHerald.com: Judge: Fla. worker drug testing unconstitutional

WEST BRIDGEWATER, Mass. — Steve Wohlen lay on his front lawn, blue, unconscious and barely breathing, overdosing on heroin.

His mother ran outside, frantically assembling a pen-like canister. Her heart pounding, she dropped to her knees and used the device to deliver two squirts up her son's nostrils.

Within ...

TALLAHASSEE, Fla. (AP) — A Florida Highway Patrol lieutenant didn't have any formal training or know the procedures before he reopened a fog- and smoke-shrouded highway where a series of crashes killed 11 people in January, investigators said in a report released Thursday.

The Florida Department of Law Enforcement report ...

PROVIDENCE, R.I. (AP) — The Wisconsin group challenging the constitutionality of a cross on a war memorial in Rhode Island says it expects to prevail without the type of long legal battle that unfolded over a prayer banner ordered removed this year from a public high school.

The Freedom From ...

NEW YORK — A construction crane owner was acquitted of manslaughter and all other charges Thursday in the May 2008 collapse of his 200-foot-tall rig that snapped apart and killed two workers, which fueled concerns about crane safety.

James Lomma sat expressionless, looking frozen, as a judge announced his verdict ...

DES MOINES, Iowa — The announcement that mad cow disease was found in a California cow drew a rapid response this week from the beleaguered American beef industry, which has been enduring one crisis after another for more than a year.

First, a severe drought in the Southwest cut cattle ...

A top official at the Environmental Protection Agency apologized Thursday after being caught on video bragging that his agency's method of enforcing oil and gas regulations was to find a few bad actors to "crucify" and hold up as examples.

But his mea culpa didn't satisfy some Republicans in Congress, ...

NEW YORK (AP) — The problem of birds living near some of the nation's busiest airports is coming under renewed scrutiny after two emergency landings in a week and more than three years after the famous ditching of a jetliner in the Hudson River.

Sen. Kirsten Gillibrand, New York Democrat, ...

WASHINGTON — Expanding the prostitution investigation, the Secret Service acknowledged Thursday it is checking whether its employees hired strippers and prostitutes in advance of President Barack Obama's visit last year to El Salvador.

The disclosure came not long after the Homeland Security secretary assured skeptical senators that the recent prostitution ...