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)
The Ontario Progressive Conservative Party has issued an apology to attendees at a 3-day, $300-400 Conservative Leadership Foundation seminar where attendees experienced sexist epithets, thrown shoes, and denial of food and drink.
Angela Corey is state attorney for Florida’s 4th Circuit, where she’s put children as young as 12 on trial as adults, facing life in prison — in solitary, because children can’t be mixed with adult populations — without counseling, education, or any access to family.
Retired Brigadier General John Adams served for 30 years, including a stint as a military intelligence officer: in an op-ed in The Hill, he says that while he supports trade deals, the secretive Trans Pacific Partnership has almost nothing to do with trade, and will hasten America’s de-industrialization, making it harder for the US military […]
If you’re like us, you occasionally get ambitious with your dinner and try to cook multiple sides plus a main dish. These efforts usually end as a cold meal plus a pile of dishes to wash. MasterPan Multi-Sectional Meal Skillet makes it super easy to make multiple dishes at once without the hassle. This heavy gauge bottom pan […]
The Lytro Illum is our all-time best-selling camera and here’s our best deal yet. Apply the code “Lytro10” to save an extra 10% off on this camera’s mind-blowing functionality in this exclusive one day only sale.
If you’re looking to earn a top salary in the tech industry, there’s no better career than coding. However, sometimes the hardest part of entering this career path is knowing where to begin.We took the Complete Web Developer Course because it took that decision out of our hands. This course teaches beginner-friendly coding languages that will also help land an immediate […]