The 11th U.S. Circuit Court of Appeals has unanimously overturned Florida’s law requiring anyone applying for welfare benefits first pass a drug test.

“The ruling is public assistance recipients cannot be blanket-drug tested,” said WSB legal expert Ron Carlson

The appeals court ruled that is a violation of the Constitutional guarantee against unreasonable search and seizure. But Carlson said he is not so sure the court will rule the same on a similar law in Georgia.

The reason?

The 11th Circuit ruling breaks tradition with a number of precedents that approved of drug testing in the cases of high school students who want to play sports or take part in other extra-curricular activities, he said.

“That would seem to forecast an upholding of the Georgia law,” when it comes up for consideration, Carlson projected.

The Atlanta appeals court based its ruling on the Florida law on a precedent that prohibits the drug testing of political candidates.

In any event, Carlson predicted, this case – which has bearing in a number of states – is likely headed for the ultimate showdown before the U.S. Supreme Court.