On July 2, 2010, petitioners filed an Emergency Motion for Stay of an
Agency Rule, asking this court to enjoin respondents’ decision to make Full Body
Scanners the primary means of airport screening in the United States.

"the agency decided to undertake, without public comment, a security screening program that involves the capture of the naked images of millions of individuals in violation of federal statutes and the U.S. Constitution."

http://epic.org/privacy/backscatter/...eply_final.pdf