When I challenged the TSA’s new policy allowing it to refuse a request to opt-out of going through the body scanners in favor of a pat-down, I included a motion asking the U.S. Court of Appeals to stay the TSA’s new policy until the case is resolved. That motion is now “fully briefed,” meaning the court may rule on it at any time:
“The TSA’s opposition to the instant motion fails to explain why it felt the need to make the policy change in question. Respondent summarily states that ‘[p]reventing TSA from requiring certain passengers posing a heightened security risk to undergo AIT scanning would undermine national security and jeopardize public safety.’ But unlike when it rolled out the body scanner / pat down program in 2010 and clearly told the public that it needed to do so to stop nonmetallic explosives, the TSA has never explained why it feels that passengers posing a ‘heightened security risk’ need to go through a body scanner instead of a pat down. If something has changed such that there is, all of the sudden, a new, compelling reason [that pat-downs are insufficient], the TSA must identify that to the Court rather than make generic statements about how they are charged with providing aviation security and want to do what they want to do because they know best.”
I also asked for oral arguments on the matter before the court rules, but I think it’s likely that they will rule simply on the documents without hearing us in person. Source documents (my motion, their opposition, and my reply to their opposition):
Corbett v. TSA IV – Motion to Stay (.pdf)
Corbett v. TSA IV – Opposition to Motion to Stay (.pdf)
Corbett v. TSA IV – Reply to Opposition to Motion to Stay (.pdf)
As we wrote about this week, the TSA’s body scanner & pat down program was opposed by 94% of the public when asked for formal comment. The idea that they would take public comment, hear negative feedback, and then double-down on exactly what the public asked them not to do by making it mandatory is insulting and emblematic of the TSA’s failure to serve the public rather than do as it pleases.
If you were one of the many who have donated since this challenge was filed a few weeks ago, this motion happened because of you — thank you once again!
New York Bills Would Prevent No-Fly List Members From Obtaining Carry Licenses:
Children and the TSA:
Sorry, I can’t delete the video, please delete the above video.It was supposed to be this video…
Children and the TSA:
All set, thanks for the video. 🙂
Yesterday, I believe I was being punished for opting out. I was subjected to 4 thorough pat downs one of which was very aggressive and spent a lot of time of private parts, and a clothing removal in lieu of a strip search before clearing me. A supervisor and a manager were involved in the discussions about what to do with me. Some kind of other security officer/police/guy in a different uniform/I don’t know threatened to take me away if I was not going to comply. I know I am one of many who have been abused by the TSA. Do you happen to know of any class action lawsuits?
TSA are lazy retards who dont even comply with their own rules. Forcing people to scanners and threatening with arrest if not passed through scanner just seen that in DIA,LAS.
PHX was ok and allowed folks to opt out.