Originally Posted by
GUWonder
A publicity stunt can be a legally correct decision.
As he believes this is a matter of constitutionality of action, his assumption that a lower federal court is a court of first instance is understandable.
As a publicity stunt, I wonder if this is having the desired effect. To someone who knows how the legal system works, it appears to be just another instance of a case being initiated in the wrong court. But in the minds of the general public, this ultimate non-decision can be easily misinterpreted as meaning that the fight is lost, that SCOTUS doesn't care about civil rights, and that the TSA can do as it pleases.