Originally Posted by
Boggie Dog
As I read it a person must be denied boarding before starting the process to find out why boarding was denied. That is simply not acceptable. DHS is restricting a persons freedom to travel without due process.
ACLU is right to take this back to court.
That's not a surprising provision. To sue (for anything) you need to have standing - in other words, you need have been harmed in some demonstrable way. This is a fundamental legal principle.
So, until you're denied boarding, being on the no-fly list hasn't harmed you, so you have no grounds to sue.
That said, the current situation, where people are denied boarding, but the gov't refuses to tell them whether or not it's because they're on the no-fly list, is absurd.
Once you're denied boarding, you have been harmed, and should have the right to sue. It becomes impossible to sue to get off the no-fly list if you can't even confirm you're on it in the first place.