The first filed and last remaining challenge to the constitutionality of the TSA’s goes to oral arguments on June 4th, 2014 at 10:00 AM in Miami, FL. On that day, I will need to persuade 3 federal judges that using a machine that can see every inch of our bodies without any suspicion whatsoever and when effective alternatives exist is a violation of our Fourth Amendment rights.
There is no doubt: this is an uphill battle. Just a couple weeks ago, U.S. Supreme Court justice Antonin Scalia said in an interview that it is “foolish” to have the courts strike down the executive’s decisions on anti-terrorism measures because the courts don’t have enough information to decide if that’s safe. We live in a world where those in government, I think, truly believe that if we don’t give the executive free reign to fight the war on terror, civil rights be damned, we are all going to die. A world where critical thinking is prohibited because the government must know better, and us mere mortals (“civilians”) are not equipped to scrutinize the means by which the government “keeps us safe.”
I will attempt to persuade the courts that they must complete their constitutional duty of making sure that the laws of Congress and acts of the executive do not trample the limitations clearly enumerated in the Bill of Rights. That they must look deeper into what the government is doing rather than giving infinite deference, and if the courts feel they don’t have enough information, they must seek out the truth. For if we have a court system that will forego seeking the truth because it would be difficult, inconvenient, or time-consuming, we are entirely lost.
I invite you to join me in Miami on the 4th. It is possible that the court will close the courtroom for some of the proceedings (wouldn’t want secrets like the fact that the body scanners don’t actually work leaking out to the public!), but I will advocate for keeping as much of the proceedings open to the public as possible.