I received a call just now from a pleasant sounding woman in the clerk’s office of the U.S. Court of Appeals for the Eleventh Circuit. She informed me that oral arguments have been scheduled for June 4th, 2014, at 10:00 PM in the court’s Miami building for my case against the TSA’s nude body scanners and invasive pat-downs.

What does this mean?

Oral arguments are discretionary and not given as a general rule. The fact that they granted them means that they are taking the case seriously and have questions they would like to ask. This is a good thing — it means they have decided not to simply brush my case aside. Both parties will have an additional chance to speak beyond the written briefs, which is decidedly advantageous to me because many of the government’s arguments are difficult to make with a straight face. It’s one thing to talk around the issues when you have weeks to figure out how to phrase things; it’s another when you have a panel of federal judges asking tough questions in person.

The only downside is this means we will have no ruling until, likely, at least July. So, for now, continue to opt out of those scans!

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