Originally Posted by
jkhuggins
See, that's what's unclear to me. The local court in Florida said it didn't have jurisdiction to hear the case. It's unclear what the appeals court ruled; it could be that the appeals court simply ruled that the lower court didn't have jurisdiction, and the Supreme Court affirmed that decision.
On the other hand, it could be that the appeals court actually heard the case against AIT and threw it out on the merits.
Again ... I'd love it if someone who can speak lawyer could comment ...
If US District Courts and US Courts of Appeals don't have jurisdiction over matters involving the constitutionality of TSA searches, which court does? The Supreme Court that refused to hear the matter? They all have jurisdiction over the matter of constitutionality of TSA searches, even if they don't want to get involved in such matters.
The Courts listening to the Executive too much on whether or not administrative remedies have been pursued and/or are available makes a mess of things and really cuts off avenues.