Looks like Judge Brown got the message after she was slapped down on appeal, as she has just now issued an order that invalidates the appeals process for people who appear on the no-fly list:
http://www.oregonlive.com/portland/i...rocess_un.html
People who are placed on the government's no-fly list are denied their constitutional right to due process, because the government's procedures to challenge inclusion on the secretive roster are "wholly ineffective," a federal judge ruled.
In a 65-page opinion issued Tuesday, U.S. District Judge Anna Brown ordered the government to come up with a new way for the 13 plaintiffs to contest their inclusion on the list that prohibits them from flying in or through U.S. airspace. The government must provide notice to the plaintiffs that they are on the roster and give the reasons for their inclusion, Brown wrote. She also ordered that the government allow the plaintiffs to submit evidence to refute the government's suspicions.
The decision marks a big win for the plaintiffs, all U.S. citizens or permanent residents, and the American Civil Liberties Union, which argued the case on their behalf. The plaintiffs have all been denied boarding due to their placement on the list, they argue, despite never having been charged with a terrorism-related offense.
The plaintiffs include Sheikh Mohamed Kariye, the religious leader of Portland's largest mosque, Masjed As-Saber. Kariye was refused boarding in 2010 and has been unable to travel overseas to visit his daughter or accompany his mother on a religious pilgrimage since.
In an email, the ACLU hailed the decision.
"For years, in the name of national security the government has argued for blanket secrecy and judicial deference to its profoundly unfair No Fly List procedures, and those arguments have now been resoundingly rejected by the court," said ACLU National Security Project Director Hina Shamsi, one of the attorneys who argued the case.
"Our clients will finally get the due process to which they are entitled under the Constitution. This excellent decision also benefits other people wrongly stuck on the No Fly List, with the promise of a way out from a Kafkaesque bureaucracy causing them no end of grief and hardships. We hope this serves as a wake-up call for the government to fix its broken watchlist system, which has swept up so many innocent people."