Our fight against the nude body scanners has been going on for over 2 years now. In that time span, the merits of the case have never seen the light of day while 1.5 billion travelers have been subject to the hands of the TSA (quite literally). The U.S. Department of Justice, instead of working in the interest of justice, has instead spent the entirety of the time attempting to disenfranchise anyone who has sought court review and ensuring that review of TSA procedures is delayed and marginalized. They’ve challenged standing (whether or not the TSA affects me enough that I’m entitled to review), they’ve challenged jurisdiction (which court I can go in and when I can file), and here and there, they’ve compared me to a terrorist. Nice, right?
But last week’s filing by the government is the most blatant slap to the face the Fifth Amendment has yet received in those 2+ years: the TSA has asked the Court to decide my lawsuit to end the scans and groping solely by reviewing their “administrative record” — which of course contains only the “facts” as the government presents them. They’ve essentially asked the court to bar discovery, experts, witnesses, and any other source of facts, because the TSA knows it all, and will fairly present all the facts to the court.
I truly wonder what kind of person writes these government briefs. Who goes to law school to study the incredible history of American jurisprudence, including and especially the Constitution, to end up in a career where they fight to take away the rights of the citizens?