FlyerTalk Forums - View Single Post - Court Reinstates Professor Rahinah Ibrahim's lawsuit over No-Fly List
Old Dec 5, 2013, 5:32 am
  #10  
RedSnapper
 
Join Date: Nov 2010
Location: FKB
Programs: Skymiles - FO
Posts: 207
Originally Posted by Ari
The ruling is on shaky ground (it is a standing issue only on appeal, not an NFL issue which the court already dealt with); I predict it will be reversed en banc or by the Supreme Court. It might at be clarified to give the correct reason she has standing, but that depends on whether she is still on the NFL.

The NFL case to watch is Latif. It is in the 9th Circuit right now and will most likely be reversed and remanded back to the District Court to consider the challenges to the NFL in the first instance as to the each plaintiff, and as to the TRIP process (i.e. is TRIP 'due process'); the Distrcit Judge completely ignored Ibrahim I the first time around and dismissed the case.

If you want good info on the state of the law on the NFL, read Ibrahim I from the 9th Circuit.
I agree that Latif is a case to watch. (Indeed it was reversed and remanded to the trail court) It appears to be much further along now. That court has already partially completed its evaluation of the NFL procedure under the Mathews test. Here is a link to the discussion...

I've just started reading the Ibrahim documents, and I'm already perplexed. The plaintiff's trial brief is so heavily redacted I'm not entirely sure what relief she is seeking. I wouldn't be surprised if the government's brief in response is redacted in its entirety.

Correct me if I'm wrong, but I also think that Latif is making a facial attack on the NFL, while Ibrahim is only attacking its application to her.
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