There is an interesting argument to be made regarding the "least intrusive means" concept we see from time to time in court opinions: X-rays are more intrusive than MMW; naked images are more intrusive than ATR.
It seems like the Court could rule MMW with ATR constitutional and the Chertoff RapeScam machines unconstitutional.
I can see why that might be the case, but I still have safety concerns, even with the MMW. I want the equipment tested by several separate teams of experts, and I want their peers to review their findings. Then whatever research results they come up with, I'll trust.
What's been released thus far doesn't suffice for me.
Since when has a search actually been a potential health risk? Is there any legal precedent applicable to a search that might be dangerous to the subject's health? What about the operator's health? Is it safe for the operators to be around that equipment for hours at a time, several days a week?