Jon Corbett loses latest round in legal battle against TSA

JonCorbett
Our comrade-in-arms Jon Corbett has just lost the latest round in his legal battle against the TSA.

Regular readers know who Corbett is. New ones can take a gander at the many stories we’ve done about and with him (he’s also written for TSA News).

Here’s the latest update from his blog, called TSA Out of Our Pants. Excerpts (bolding mine):

In a 2-1 vote, the U.S. Court of Appeals for the Eleventh Circuit ruled last Friday that the government’s “30 days, forever immunized” theory is exactly right: the government, without violating your Constitutional right to redress, can create a law that says “once we do it for 30 days, it’s permanent, and we can keep doing it for the rest of eternity and you can’t take us to court!” They also went further and ruled that “even if Corbett had timely filed his petition,” the TSA’s nude body scanners and checkpoint molestations are constitutional — before they ever gave me a chance to ask the TSA for documents or meaningfully question their asserted facts.

Well, surprise, surprise. You have no Constitutional righsts, you peon. Catch-22 is our middle name!

Amazingly, there was some judicial dissent:

In her dissent, U.S. Circuit Judge Beverly B. Martin blasts the majority for issuing the “unnecessary holding” that the TSA’s actions were constitutional, stating that there was no reason for the court to go there at this point since the majority decided it was too late to hear. She continues that “Mr. Corbett’s pursuit appears to me to have been methodical and diligent” and that she disagrees with the court’s decision to “penalize” me for the switch of courts in 2012.

So now Jon is continuing his battle — which has obviously taken up a lot of his time, energy, and money. He’s hoping to appeal:

Because there was a split between the judges, there is a higher chance now that the case will be accepted for review by either the full 11th Circuit or by the U.S. Supreme Court. I’ll be filing my petition to ask the full 11th Circuit to hear the case next week.

Hats off to him. I don’t know how he has the energy.