Petition for Full Eleventh Circuit to Hear TSA Nude Body Scanner Case Filed

Last month, I wrote that a divided 3-judge panel of the 11th Circuit voted 2-1 that my challenge to the TSA’s nude body scanners was too late to be heard, despite being the first person in the country to file a challenge after the TSA made the scanners primary screening, due to a law that requires challenges to TSA “orders” to be made within 60 days or be forever forfeited. I explained to the court why such a law must be found to be unconstitutional:

Let us examine a hypothetical situation: Congress passes a law that re-instates slavery, abrogates the right to vote for women, and requires school children to recite the Lord’s Prayer before each school day. At the same time, they pass another law that says that all challenges to the first law must be made within some timeframe – 24 hours, 1 week, 60 days, 1 year, or any other timeframe – of the law’s passing. President Obama signs this law. No one files a challenge before the deadline passes.

Do we now have legalized slavery? Have we ended suffrage? Has religious freedom been suspended? If someone comes to your door demanding, a day after the deadline has passed, that you pick their cotton, is it now “too late” to challenge whether or not you must oblige?

Petitions to re-hear a case en banc (in front of the full court) are rarely granted. But, I do hear that I have an amicus brief being filed in support of my petition — more on that soon. 🙂

Corbett v. DHS – En Banc Petition (.pdf)

10 thoughts on “Petition for Full Eleventh Circuit to Hear TSA Nude Body Scanner Case Filed

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  1. U.S. to step up screening of European and other visitors who don’t need visas:

    The new procedures, which could demand verification of travel and employment history, are meant to supplement the 2008 Electronic ­System for Travel Authorization program, which requires travelers from most Western countries to submit detailed information online and obtain an authorization code before boarding an aircraft or ship to the United States.

    Travelers will be required to disclose whether they hold passports from multiple countries, or whether they have previously used other names or aliases. Data collected will be screened against U.S. State Department and terrorism watch lists. The new requirements are needed “to learn more about travelers from countries from whom we do not require a visa.” said DHS chief Jeh Johnson. Adding that the new requirements “will not hinder lawful trade and travel.”

    Under the Electronic ­System for Travel Authorization program, DHS has processed about sixty-million million applications. While most are approved instantly, roughly 22,500 travelers have had to undergo additional screening.

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