Today the Eleventh Circuit Court of Appeals, in considering my case against the constitutionality of the body scanners, denied my motion to transfer, motion to stay the use of body scanners during the petition, and even denied my motion to file electronically — a routine motion that allows a non-lawyer to use the court’s e-filing system, as 3 other federal courts have for me already.
Their reason? Why, they didn’t say.
The court denied all three motions together in a 1 page order that offers no insight at all into their decision.
Perhaps the court thought it would be obvious as to why they denied a motion implicating fundamental constitutional due process rights that required 74 pages of briefs, plus exhibits, from the government and myself. Or perhaps, as I more suspect, the just don’t give a fuck. Just as the U.S. Supreme Court also didn’t care about whether the nude body scanners ever went to trial.
At some point, it gets frustrating when you’ve followed all the rules and still, now 2.5 years and several hundred pages of legal writing later, your issues aren’t even close to being given a fair hearing. My next step is to ask the judges to explain themselves. Should they fail to work out a solution, they will essentially hear my case solely on the evidence as presented by the government — an utter miscarriage of justice.
Are you surprised by this? I’m not being sarcastic. I’m just curious if you ever had any expectations of fairness.
Anyway, I commend your relentless pursuit and think you’re doing a great job.
I don’t expect fairness; I demand it. The TSA, the courts, Congress — they all work for me and you, and I will not stop until they act like it.
Don’t get discouraged! Keep up the good fight and focus on what is in your control. TSA may get away with violating everyone’s rights, but it won’t be because you sat around doing nothing or passively accepted the status quo. You’re doing a great thing.
Sad day for justice 😦
Do we really live in a free, democratic country? Feels more like a dictatorship where the government gets to do whatever they want and the court puppets automatically approve all their actions and silently drop citizens’ complaints. The next logical step of course is to send anyone who questions the government actions to a Gulag.
And what the heck does “his motion fails to meet the applicable standard for granting injunctive relief” even mean?
The standards for injunctive relief are fairly plainly set out in the law. One seeking relief must show both that he(and not someone else) will suffer immediate and irreparable harm if the injunction is not granted, and that he has a substantial liklelihood of winning at trial. Also that there is no other remedy than the injunctve relief, which is an equitable remedy as opposed to one based in law. The distinction relates back to the old English law, where the law was administered by the King and equity was the bailiwick of the Chancellor, usually a religious figure. An injunction is considered to be an “extraordinary remedy.”
Really, it means absolutely nothing. “Didn’t meet the standard?” Well, yes, that’s why you’re denying it. But HOW did it fail to meet the criteria?
The criteria, BTW, is:
1) LIkelihood to succeed on the merits
2) Irreparable harm absent the injunction
3) Balance of equities (how it would affect the opposing party)
4) Public interest
Without explaining their rational as to which one, or several, of those were not met and why, they make their decision difficult to appeal.
Where is this court located, Australia?
I certainly can’t understand denying filing electronically.
Arbitrary and capricious Courts summarily deny/dismiss with no explanation.
I’m not surprised, if you & your readers have been following your blog, it’s apparent for all to see that DHS/TSA has carte blanche to do whatever it pleases. I’ve sent in numerous articles about the ineptitude of DHS/TSA but it goes largely unnoticed by everyone (mass media, general public). The only time the sheeple (public) care is when they’re groped by the TSa agents or irradiated by scanners that might give them cancer or have their privates viewed by TSA perverts.
We’re in a war with the Feds and private corporations that are running this country. Who do you think is profiting form the use of all these scanners…
Here’s one way we can tell our gov’t. we’re fed up…Sign the petition: Reject Mass Surveillance.
Here’s something everyone should read,”DHS has been spying on peaceful activists & demonstrations for years”
Government documents obtained by the Partnership for Civil Justice Fund (PCJF) through its FOIA records requests reveal that the Department of Homeland Security (DHS), an agency created after the September 11 attacks under the rubric of combating terrorism, conducts daily monitoring of peaceful, lawful protests as a matter of policy.
Functioning as a secret political police force against people participating in lawful, peaceful free speech activity, the heavily redacted documents show that the DHS “Threat Management Division” directed Regional Intelligence Analysts to provide a “Daily Intelligence Briefing” that includes a category of reporting on “Peaceful Activist Demonstrations” along with “Domestic Terrorist Activity.” (p. 68)
“The documents are heavily redacted and represent, a fraction of what the government possesses. But these documents show that federal and local law enforcement agencies, in concert with the biggest banks on Wall Street and elsewhere in the country, conducted a massive spying program and a large-scale disruption operation against the Occupy movement.” stated Carl Messineo, Legal Director of the PCJF.
You can read the DHS-OWS documents by clicking on the link below, they’ve been uploaded in searchable format for public viewing.
Reblogged this on RubinoWorld.
you need to get rand paul and ted cruz to take up your cause/case.