'Fight, Not Flight: ACLU Takes on the Federal "No Fly" List in Portland'
Feb 2, 2011, 1:00 pm
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'Fight, Not Flight: ACLU Takes on the Federal "No Fly" List in Portland'
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PORTLAND'S FEDERAL COURT has become the battleground for a major lawsuit that will impact civil liberties, national safety, and that ritual every American dreads: airport security.
The American Civil Liberties Union (ACLU) faced off against federal lawyers on Friday, January 21, in downtown Portland at the first hearing of its case claiming that the government's "No Fly List" is unconstitutional.
On behalf of 10 US citizens and permanent residents, including Portlander Mohamed Sheikh Abdirahman Kariye, the ACLU alleges that the "No Fly List" violates the right of due process because the government does not tell people whether they've been placed on the list, why they're suspect, or provide an adequate way to get someone's name off.
ACLU attorney Ben Wizner explained that his team chose to file in Portland in part because it's where Kariye is from, but also because they hope the Ninth Circuit Court of Appeals (which covers the West Coast) will give the case a fairer shake than other circuits.
"This is the most important case to date that asks the court to answer this question: Can the government put someone on a secret list, not tell them that they're on this secret list, not tell them why they're on this secret list, and not give them any process to object to being on the list?" Wizner told reporters from the steps of the federal courthouse on Friday afternoon.
The American Civil Liberties Union (ACLU) faced off against federal lawyers on Friday, January 21, in downtown Portland at the first hearing of its case claiming that the government's "No Fly List" is unconstitutional.
On behalf of 10 US citizens and permanent residents, including Portlander Mohamed Sheikh Abdirahman Kariye, the ACLU alleges that the "No Fly List" violates the right of due process because the government does not tell people whether they've been placed on the list, why they're suspect, or provide an adequate way to get someone's name off.
ACLU attorney Ben Wizner explained that his team chose to file in Portland in part because it's where Kariye is from, but also because they hope the Ninth Circuit Court of Appeals (which covers the West Coast) will give the case a fairer shake than other circuits.
"This is the most important case to date that asks the court to answer this question: Can the government put someone on a secret list, not tell them that they're on this secret list, not tell them why they're on this secret list, and not give them any process to object to being on the list?" Wizner told reporters from the steps of the federal courthouse on Friday afternoon.
Feb 2, 2011, 1:24 pm
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That's what I find really creepy about the No Fly List.
It's like the people that have to sign up for ReDress. TSA does not confirm, not deny that they are on the list. 
On behalf of 10 US citizens and permanent residents, including Portlander Mohamed Sheikh Abdirahman Kariye, the ACLU alleges that the "No Fly List" violates the right of due process because the government does not tell people whether they've been placed on the list, why they're suspect, or provide an adequate way to get someone's name off.
Feb 2, 2011, 1:32 pm
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I'm glad they're finally getting to this but I have to say, overall I've been disappointed with the ACLU when it comes to TSA. They've been dropping the ball and while I'm glad EPIC is trying as hard as they can to rake the TSA over the coals, I'd have expected the ACLU to have jumped down the TSA's throats a long time ago.
Are they just overloaded from other cases or is something else going on?
Are they just overloaded from other cases or is something else going on?
Feb 2, 2011, 1:37 pm
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Feb 2, 2011, 11:15 pm
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I'm glad they're finally getting to this but I have to say, overall I've been disappointed with the ACLU when it comes to TSA. They've been dropping the ball and while I'm glad EPIC is trying as hard as they can to rake the TSA over the coals, I'd have expected the ACLU to have jumped down the TSA's throats a long time ago.
Are they just overloaded from other cases or is something else going on?
Are they just overloaded from other cases or is something else going on?
This is the second suit that the ACLU filed against the NFL. The ACLU dropped the first NFL suit because the DOJ mooted it by telling the TSA give the guy his job back (the pilot). In the current NFL case (which has been going on for some time now, by the way), the DOJ tried to moot the case by telling the FBI and TSA to get the plaintiffs home. Now the FBI has a procedure to make a one-time exception to fly these unfortunate folks home; you just saw that in the CAIR case involving Kuwait after the Judge hinted that a hearing would be held. The ACLU dropped the Bierfeldt suit because the DOJ mooted the case by telling the TSA to change their SOP.
Meanwhile, the ACLU is challenging the wiretapping laws in MD and IL with respect to recording [cops] in public. They are are suing to change the standard CBP uses for searches of electronic media and also to limit extended border detentions. They also have their heels dug in in the George case (arabic flying cards)-- the government's motions in this case are really quite something.
I'll add more if I think of them (added George case above already); the ACLU has not been MIA.
Last edited by Ari; Feb 2, 2011 at 11:58 pm Reason: Add George case.
Feb 2, 2011, 11:44 pm
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They are overloaded, underfunded and they choose their cases very carefully. These cases are very expensive to litigate and they can't afford losers which would include their three rendition cases so far.
This is the second suit that the ACLU filed against the NFL. The ACLU dropped the first NFL suit because the DOJ mooted it by telling the TSA give the guy his job back (the pilot). In the current NFL case (which has been going on for some time now, by the way), the DOJ tried to moot the case by telling the FBI and TSA to get the plaintiffs home. Now the FBI has a procedure to make a one-time exception to fly these unfortunate folks home; you just saw that in the CAIR case involving Kuwait after the Judge hinted that a hearing would be held. The ACLU dropped the Bierfeldt suit because the DOJ mooted the case by telling the TSA to change their SOP.
Meanwhile, the ACLU is challenging the wiretapping laws in MD and IL with respect to recording [cops] in public. They are are suing to change the standard CBP uses for searches of electronic media and also to limit extended border detentions.
I'll add more if I think of them; the ACLU has not been MIA.
This is the second suit that the ACLU filed against the NFL. The ACLU dropped the first NFL suit because the DOJ mooted it by telling the TSA give the guy his job back (the pilot). In the current NFL case (which has been going on for some time now, by the way), the DOJ tried to moot the case by telling the FBI and TSA to get the plaintiffs home. Now the FBI has a procedure to make a one-time exception to fly these unfortunate folks home; you just saw that in the CAIR case involving Kuwait after the Judge hinted that a hearing would be held. The ACLU dropped the Bierfeldt suit because the DOJ mooted the case by telling the TSA to change their SOP.
Meanwhile, the ACLU is challenging the wiretapping laws in MD and IL with respect to recording [cops] in public. They are are suing to change the standard CBP uses for searches of electronic media and also to limit extended border detentions.
I'll add more if I think of them; the ACLU has not been MIA.
Feb 3, 2011, 6:10 am
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While the 9th circuit does have a poor won-loss record in the SC, I would hesitate suggesting the ACLU is "sure" to lose at the SC when it comes to the government maintaining secret lists with no recourse. The "security at all costs" mantra that the fascists among us keep mouthing is starting to lose its impact - even inside the Beltway.
Feb 3, 2011, 7:30 am
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While the 9th circuit does have a poor won-loss record in the SC, I would hesitate suggesting the ACLU is "sure" to lose at the SC when it comes to the government maintaining secret lists with no recourse. The "security at all costs" mantra that the fascists among us keep mouthing is starting to lose its impact - even inside the Beltway.
Feb 3, 2011, 9:12 am
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However, to put things in perspective, of 114,199 cases terminated in the 9th circuit from 1999 to 2008, 68 were vacated or reversed by the Supreme Court. That's about 0.06% of cases. This seems like a pretty small risk.
Feb 3, 2011, 12:44 pm
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Thanks very much for the info. You are most helpful. ^
Feb 3, 2011, 2:49 pm
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Feb 3, 2011, 4:33 pm
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