Originally Posted by
Affection
Forcing them to face the public fury is a great start. Once there is a public rulemaking, the TSA must consider all the information presented to them. If they fail to, they can be hauled back into court.
The core of EPIC's arguments was always the rulemaking. They didn't do a good job presenting any other aspect of the case, largely because they filed before the TSA implemented the NoS as primary. The cases in the district courts now have a much better chance at getting scope & grope to be declared unconstitutional.
--Jon
Are there any cases in the district courts? Wasn't there a ruling recently (the Rutherford Institute case) that the district courts do not have jurisdiction?
Regardless, how could a district court declare "scope & grope" unconstitutional now that the appeals court has ruled otherwise? Hasn't that avenue now been closed? Wouldn't it require the Supreme Court to overturn that decision?