Supreme Court Refuses to Hear Full Body Scanner and “Pat-Down” Case Filed by FlyerTalk Member

The Supreme Court of the United States declined to hear a case filed by FlyerTalk member Affection regarding a challenge of the use of full-body scanners at airport security checkpoints by the Transportation Security Administration, or TSA.

Affection — also known as Florida resident Jonathan Corbett — first filed his complaint in a United States District Court, where it was “tossed”; then affirmed by the 11th Circuit Court of Appeals after a successful appeal. According to an entry in his weblog, Corbett vows “that the fight is not over, it simply must be continued without that jury, and with discovery and witnesses allowed to me at the discretion of the 11th Circuit (instead of by right, as a reasonable reader of the Constitution might assume that we had).”

Some FlyerTalk members are disappointed by the decision of the Supreme Court to decline from hearing the case. While Corbett does not outright deny allegations that this is a publicity stunt, he believes “that every citizen has a right to a trial by jury for constitutional grievances. The implications of this are clearly wider than my case against the TSA: by not taking this case, the Supreme Court has just chopped off a few more inches of our due process rights. In this case, it’s even more suspect because it was entirely unclear that Congress even intended to limit district court jurisdiction of my variety of case. The TSA has stretched Congress’ intent beyond any natural reading of their words, the district court bought it, the appeals court stamped it, and the Supreme Court ignored it. Truly sad.”

Here is a video in which Corbett demonstrates “how to get anything through a body scanner at an airport security checkpoint”:

Will Corbett be successful in his further attempts to challenge of the use of full-body scanners at airport security checkpoints by the Transportation Security Administration, or is he simply wasting his time and money? Is he truly attempting to protect the constitutional rights of citizens and visitors of the United States of America, or this is merely a publicity stunt?

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Comments (Showing 7 of 7)

  • UA1KPHL at 1:52pm November 14, 2012

    yup i always turn down the scanners and just last week, in SFO, they walked we around the metal detectors and then “patted” me down? So they are wasting money on the body scanner and think the metal detectors are useless now??

  • lakers6902 at 5:56pm November 14, 2012

    I’m sorry but I don’t get it. Whats the big deal with full body scanners? If you have nothing to hide, why would you object going through one?

  • Cellisttoo at 7:59pm November 14, 2012

    My problem with them is that they emit radiation. I don’t care to be exposed to unnecessary radiation.

  • CyberNomad at 9:42pm November 14, 2012

    Keep fighting, Affection! This isn’t a publicity stunt, this is defending our quickly-eroding rights to travel, privacy, and dignity. We’re Americans. We shouldn’t accept this type of treatment from our government.

  • aacharya at 10:06am November 16, 2012

    Folks who argue about radiation have no clue of what they’re talking about. You get more radiation being a 1K flyer.

  • Always Flyin at 12:12am May 21, 2013

    I have a Constitutional right to be free from unreasonable searches by the government. The full body scans are neither the minimum search reasonable necessary to achieve the desired goal and have been shown to be ineffective in any event. I will not willingly surrender my Constitutional rights just to board and airplane.

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