Florida Gov. Rick Scott plans to seek U.S. Supreme Court review of his executive order requiring random drug tests for thousands of state employees.
Attorneys for the Republican governor are asking a Miami federal judge to delay proceedings in a lawsuit challenging the tests until the Supreme Court decides whether to hear the appeal.
U.S. District Judge Ursula Ungaro has set a Thursday hearing in the case.
Ungaro previously declared as unconstitutional the January 2011 order that covers about two-thirds of all state employees.
Then in May, a federal appeals court ruled that Ungaro's decision was too broad.
It sent the case back for a job-by-job review on which employees could be covered.
Scott's lawyers say that review should be put on hold while the Supreme Court appeal is pursued.