FlyerTalk Forums - View Single Post - TSA screeners win immunity from abuse claims: US Appeals Court [reversed 8/30/19]
Old Jul 13, 2018, 4:53 pm
  #15  
mikesyr18
 
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Originally Posted by catocony
This is similar to a number of recent Circuit and/or Supreme Court decisions where the ruling is effectively "it's wrong but it's up to Congress to make it right, not us". I hope that as these cases increase in number and the rulings continually kick the can back to Congress, the courts don't find themselves way out of position when a serious civil liberties issue comes to pass.
The courts are correct on calling on Congress to make laws, as that is how the government is supposed to work.

One of the judiciary's main purposes, however, is to make sure civil rights aren't violated, regardless of each situation's seriousness.

Since Congress is too polarized to get 60 votes to pass new laws, the result is the courts needing to overstep their intended boundaries to get anything done. With this ruling, the courts giving immunity to TSA workers is basically legislating from the bench. Nowhere is there a law written by Congress and signed by the president that says the courts are allowed to give immunity to TSA workers.
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