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"Screening" The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen

Law Student Publications

On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance.1 Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits.2 Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is un-constitutional, in …