Still no update on the preliminary injunction, but the TSA filed its motion to dismiss yesterday (a day late, but I’m sure they’re busy :)). The TSA argues that US District Court has no right to review this case, because virtually anything the TSA does is an “order” which can only be appealed (in the US Court of Appeals) rather than subject to a new action on a constutional claim in district court.
The reason the TSA wants the court to see things this way is that there is an important distinction between the district and appellate courts: the district court conducts “fact finding,” such as discovery, witness testimony, etc., while the Court of Appeals would not. The result? No discovery, no witnesses, no jury (juries only decide on questions of fact), and the only facts that will be considered are any record the TSA presents to the court regarding its decision to strip search and molest thousands of passengers daily.
We’ve got a good shot at beating this, and my opposition is 17 pages of discussion on why the TSA cannot do this and the district courts should retain jurisdiction. I’ve attached both their argument and my opposition for anyone interested.
Corbett v. US – Defendant’s Motion to Dismiss (Memorandum) (.pdf)
Corbett v. US – Opposition to Motion to Dismiss (.pdf)
Continued good luck! I applaud your persistence and hope you win.
Good job!!! Best of luck, I am optimistic that you will prevail.
I so hope you win. Your OMD is brilliant and if I were the judge I would let you proceed (and let you win).
I have been through both screening techniques and it is nothing like you make it out to be. You are just a crybaby out for attention. Grow up or get a nice car for road trips. Freewill if you don’t like it no one is making you fly find a new way of transportation or buy your own plane
We as Americans cannot be required to “buy a car” or “buy a plane” in order to exercise our constitutional rights. You might enjoy having a TSA agent rub your genitals, but I’m not a fan.
you people have a messed up sense or entitlement. You need to know the difference between Right, privilege and choice. You have a choice. If you don’t like one opinion choose another. Its like anything in your life no one makes you shop where you shop.