Originally Posted by Wheezer
You'd think the man could update his old Web site rather than spawning a new one. I haven't had time to read the entire appeal, or even dig up the decision, but if one reads the original complaint at
www.freetotravel.org, it's clear that the immediate problem was that he refused to provide ID to
WN, which probably would have iced the deal even absent
Hiibel.
The district court decision accurately points out that review of DOT and TSA policies are expressly under the jurisdiction of the federal appellate courts, not the district courts. However, Mr. Gilmore has chosen, for now, to appeal this procedural decision to the Ninth Circuit rather than file a new complaint as to the ID requirements with the Ninth.
Clearly, if there is any court in the country that's going to side with Mr. Gilmore, it's the Ninth Circuit. But, aside from the secrecy of law issue, the constitutional questions (or lack thereof) in this case are well settled in precedent, and this case will likely be brushed off.