They are until a court rules they are not; which means someone, somewhere has to have the time & money to challenge the TSA.

This is how they always work it. Some HQ genius has a bright idea (or possibly a 'bung' from a supplier), Francine googles for a couple of minutes and then the contracts are signed and the new procedure implemented. Don't like it ? Go **** yourself, we're the TSA. Congress ? Same answer.