Despite a series of disgraceful dirty tricks, the TSA has lost its case against Dr Rahinah Ibrahim, a Malaysian academic who had been wrongly put on the no-fly list. The DHS engaged in witness tampering (denying Dr Ibrahim and her witnesses access to the courtroom by putting them on the no-fly list) and argued that neither Dr Ibrahim nor her lawyers should be allowed to see the evidence against her (because terrorism).
Lowering the Bar does a great job of summing up the ruling, which held the no-fly list unconstitutional because citizens are "entitled to a remedy that requires the government to correct its lists and records... and to certify under oath that such correction(s) have been made."
The plaintiff has standing to challenge the no-fly listing and practices, and all of the government's arguments to the contrary are overruled.
Once a plaintiff shows "concrete, reviewable adverse government action" (i.e. not being allowed to fly) has resulted from a government error, she is entitled to a remedy that requires the government to correct its lists and records "and to certify under oath that such correction(s) have been made."
Because the government's current administrative remedies, such as they are, don't do this, they are unconstitutional.
He ordered the government to provide that remedy here (take plaintiff off the list and certify under oath that it did so), and/or to disclose whether she is in fact on or off the list. (As you may recall, the government refuses to tell people whether they are on the list or not.)
Presumably she is or will soon be off it, because "the government concedes [as it has for a while now] that plaintiff is not a threat to our national security."
Judge Rules for Plaintiff in No-Fly Case
(Image: University Putra Malaysia)
For most of a decade, government negotiators from around the Pacific Rim have met in utmost secrecy to negotiate a “trade deal” that was kept secret from legislatures, though executives from the world’s biggest corporations were allowed in the room and even got to draft parts of the treaty.
The Saudi royals — you know, the charming people who exported intolerant, extremist Wahabiism and whose scions get to rape their US-based servants with impunity — have hired the biggest, most ruthless PR firms in America to run their PR machine.
Lessig raised $1M for his amazing, unprecedented presidential bid, where he promises that, if he wins, he’ll immediately pass campaign finance reform and then resign, handing over the presidency to his running-mate.
SitePoint Premium is the ultimate e-learning library for web developers, designers, and digital professionals. Famous for their web development books written by industry leaders, they’ve expanded their content library to include in-depth video courses and short, handy screencasts partnering with A Book Apart and UX Mastery. Whatever you want to achieve in your web career, […]
Skip the technical jargon and get right to taking amazing, professional-quality photos with this complete training. The Hollywood Art Institute Photography Course includes 22 modules filled with tutorials on how to profit off of your photography, or simply capture your memories in the manner they deserve.Accredited by the Photography Education Accreditation CouncilDive into this 22 […]
Power up your gadgets in the most unexpected places with the extremely compact SolarJuice battery pack. SolarJuice charges up at home like your average battery pack, but also lets you add extra juice on-the-go using its built-in solar panel—so you’ll never be left unplugged from the digital world.4.5 Stars on Amazon!Simultaneously charges 2 devices at […]