Originally Posted by
RichardKenner
We'll have to see how the Supreme Court rules if it takes one of them. It may well accept that argument, and perhaps even cite this case in doing so, but until that happens, I don't see that any court has acknowleged such a right.
We're at an impasse.
My lay reading is that, absent any specific exclusion, the right to travel applies equally to all modes and I really don't follow the argument about any implicit, unspecified prohibitions. So we'll leave it there.
I doubt that any pertinent case will make it to the Supreme Court. Lower courts and the DHS will collude to avoid the government being put on the spot and having to reveal its sensitive and secret (
Gilmore) procedures.
It's possible that if someone were seriously injured or worse as a
direct result of an airport checkpoint search such a case might make it to the top. Can't see how anyone else would have sufficient standing.
The other aspect is the No Fly List. If a US citizen on the list* is denied access to the domestic airline network purely on unproven 'suspicion' that would be a strong case.
(* the actual target not a hapless synonym)