A federal court finally steps up

Finally. That’s all I can say. Finally, a federal court ruled that it does, indeed, have jurisdiction over at least some TSA procedures.  

It’s about time.

The TSA has argued time and time again that its procedures are not subject to the U.S. Federal District Court system. And until now, federal district courts have agreed. They agreed in Ventura v. TSA, the case brought by the Rutherford Institute on behalf of several plaintiffs, and pretty much every other case filed before this year.

As reported by the Wall Street Journal, an Appellate Court recently ruled that the Ninth District Court erred when it dismissed a 2010 case brought by the ACLU on behalf of 15 people who were barred from returning to the U.S. because they’re on the no-fly list. The suit asks that the defendants be removed from the list or be told why they’re on it in the first place. The Appellate Court ruled that the federal court system does have jurisdiction and can make rulings on the TSA’s policies and procedures.

What’s amazing about this ruling is that it even had to happen. A government agency not subject to court oversight? Really? When was it, exactly, that we fell down this rabbit hole? And why has it taken so long to realize we’ve gone through the looking glass?

(Photo: Flickr Creative Commons/Cea)

  • Magellan

    And who exactly is going to enforce this ruling? Nothing has changed.

  • Sally_Oh

    Wow, that is great news. Thank you for your persistence. Finally, indeed!

  • RonBonner

    I think the issue is that the No Fly List is not controlled by TSA. So TSA is really not a party to the suit.

  • Don’t you love how justices just pass along the hot potato?

  • Former Airline Employee

    Now if we can just get this court to rule on whether or not the TSA is violating the Constitution and Bill of Rights than maybe justice will be served. I can dream can’t I?

    • NaturalLawRemedyDotcom

      The Courts already ruled on that. Remember, the 4th Amendment is a bar against UNREASONABLE searches and seizures. The court said: “An airport screening search is reasonable if: (1) it is no more extensive or intensive than necessary, in light of current technology, to detect weapons or explosives; (2) it is confined in good faith to that purpose; US v. Aukai, 497 F. 3d 955, (9th Cir. 2007). Download the article “The Natural Law Remedy to TSA Airline Security Groping” at goo.gl/h0AFF.

      • anc1entmar1ner

        If TSA searches are reasonable, then ANYTHING is reasonable, including stopping you on the street when you try to board a bus. After all, you might be carrying a bomb.

        No, there is nothing reasonable about the TSA. I just had another run-in with them. A screener hollered at me for removing my cash and credit cards from my wallet before allowing him to take it out of my sight. “Don’t touch anything! Don’t touch ANYTHING!” he screamed. I calmly removed my valuables without reacting to his rant.

        And of course I just sent the TSA, my congressman, both my senators, and the White House yet another complaint.

        • cjr001

          The problem is that the SCOTUS recently ruled that it’s perfectly OK for police to strip search anybody for even minor traffic offenses.

          And since police are allowed that, and the courts have all but also determined that TSA are a de facto police force, there’s probably no hope whatsoever of actually stopping TSA from abusing the f*ck out of innocent people.