Sai tests legality of TSA’s new scanner policy

TSA activist and friend of the blog Sai, about whom we’ve written many times (plug “Sai” into the search box to get caught up), has already done so much to try to fight the abuses of the Transportation Security Administration. And here he is doing more. This guy, like Jon Corbett, is indefatigable.

Because I’m a little late with this post, and because Edward Hasbrouck has already so thoroughly covered Sai’s latest case, I’m going to excerpt some of Ed’s reporting and direct you to his website where you can read the complete entry. Here’s how it starts:

The real test of whether the TSA is above the law isn’t whether TSA or DHS officials, flacks, or lobbyists claim that there are legal procedures which (hypothetically) permit judicial oversight of TSA actions. The real test is what happens when real people object to specific conduct by TSA staff and contractors, or private parties such as airlines acting at the behest of the TSA, and ask the courts to review and decide whether the TSA or its minions are breaking the law or violating the US Constitution.

Nobody has done more to test the real-world limits of TSA lawlessness than our friend Sai, who has been waging a one-person, pro se legal crusade against the TSA for its disregard of the Constitution and of a variety of Federal laws providing for transparency, fairness, and due process. Sai’s pending lawsuits against the TSA include one of the most important challenges anyone has made to the TSA’s claims of authority for secret lawmaking, as discussed below.

Remarkably, and unlike most of those aggrieved by TSA general disregard for the law as well as more specific misconduct, Sai has even had some success. But that limited success gives a sense of just how outrageous is the TSA’s disregard for the law, and how far it has to go before the courts will rein it in.

As I said, you can go over to Ed’s excellent site, called Papers Please, to get the full story. Warning that it’s white font on black background, which burns my retinas, but maybe you’ll find it easier to tolerate. (Apparently there’s a way on some computers to change the colors, so if you can do that, more power to you.)

Congratulations once again to Sai for his dogged and profound work in doing battle with this obnoxious agency. We wish him all good luck. You can also get detailed information directly from Sai here and help him out financially if you can. Here’s more detailed information from Sai about the current case.