Originally Posted by
Trollkiller
How binding is the agreement?
What agreement? Near as I can tell it's just a motion to withdraw the lawsuit. No agreement, no consent decree. There will be nothing enforceable for a judge to retain jurisdiction over, so there is nothing to prevent TSA from returning to
status quo ante.
The ACLU moved to dismiss under FRCP 41(a)(2), so the dismissal would be without prejudice. If the TSA changes their policy back, the ACLU can re-open the matter. I guess that's the fallback. How the ACLU would know if the TSA were to make a secret policy change back to their old ways, I do not know.
Which is why I would have preferred to see a formal consent decree.