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)
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