scrutiny. if you look at chandler versus miller, you have got a supreme court case, what you are doing is you are doing a test of someone's tune without suspicion. that's a guarded class. man this particular case, what the court found was you can't just randomly search the urine of those who want to run for state office because again there is no suspicion. these aren't people in sensitive positions or high-risk jobs. it's a random group of people. we are only 2% fail the drug tests. megyn: the legal theory is there has to be a special need. they okayed the testing of high school athletes because there is a special need to protect children on the football field from other children on drugs. is there a special need if testing welfare recipients? >> who are giving the money and providing the monies for the