A couple months ago, the Eleventh Circuit denied my motion to transfer my case regarding the constitutionality of the TSA’s nude body scanners to district court for evidentiary hearings. They did so without comment. I followed up by asking them to do the only other thing they can do under their rules to allow me discovery, which is to appoint a “special master” (basically, a discovery judge). The Eleventh Circuit today denied this, again without comment.

The court was nice enough to append this load with a cherry, denying the TSA’s request to make me sign a non-disclosure before receipt of copyrighted materials, and requesting additional briefing on whether the TSA should provide me with SSI and non-classified summaries of classified documents. The last thing the TSA wants to do is hand me SSI, so the mere possibility of that is making someone in Arlington uncomfortable at the moment.

This petition will now continue based only on the record produced by the TSA and what I can attach to my brief as an appendix. This far cry from due process can’t be appealed at the moment, but it is possible that I could raise the issue on appeal if (lol) the Court decides that the nude body scanners are constitutional.

Corbett v. TSA – Order (.pdf)