In a unanimous 9-0 decision announced today, the US Supreme Court has ruled that a lawsuit brought by Yonas Fikre challenging the US government’s placing him on its no-fly list can go forward even though the government has, for the time being (and only after he sued), taken him off its travel blacklist. Mr. Fikre […]
Today the US Supreme Court heard more than an hour of oral argument (transcript, MP3 audio) in the case of FBI v. Fikre, the latest in a series of cases in which the government has tried to avoid having a judge or jury review the criteria, procedures, and factual basis (if any) for no-fly decisions […]
The U.S. Supreme Court will hear oral argument this Monday, January 8, 2024 on an appeal brought by the FBI challenging a Circuit Court decision in favor of Yonas Fikre. It’s the second case on the Supreme Court’s 10 a.m. EST calendar for oral argument Monday. You can listen live online, attend a live watch […]
Undeterred by the manifest unfairness of the US government’s current no-fly list, some airlines and their allies are apparently renewing a campaign they began last year to get Congress to create yet another extrajudicial procedure by which the Transportation Security Administration (TSA) could put even more people on the US no-fly list. Seriously? Can anyone […]
In a letter first reported by Reuters and first published in full by The Points Guy, CEO Edward Bastian of Delta Air Lines has called on Attorney General Merrick Garland to “support our efforts with respect to… putting any person convicted of an on-board disruption on a national, comprehensive,… ‘no-fly’ list that would bar that […]
Two recent court cases, and follow-up articles and interviews with the plaintiffs and their lawyers, show how the highest priority for the U.S. government with respect to no-fly orders continues to be preventing judicial review of these government decisions, not preventing terrorism. When an airline requests permission to allow an individual to board a flight, […]
According to an article in POLITICO based on interviews with unnamed “law enforcement officials,” the US Department of Homeland Security (DHS) is considering expanded use of airline reservation data to target travelers for more intrusive searches: The department could begin analyzing the travel patterns of suspected domestic extremists, monitor flights they book on short notice […]
[“How do you get on the no-fly list?” Larger image; PDF with legend.] In the aftermath of the storming of the U.S. Capitol last week, there’s been a confused cacophony of calls to “put the rioters on the no-fly list.” At the same time, there have been equally confusing claims and denials that some people […]
Dr. Rahinah Ibrahim’s lawsuit against the US Department of Homeland Security came to a close this week with an order by Judge William Alsup of the U.S. District Court for the Northern District of California dismissing Dr. Ibrahim’s complaint after the Federal government finally paid out a settlement to Dr. Ibrahim’s lawyers for successfully representing her […]
A 3-judge panel of the 9th Circuit Court of Appeals has upheld the government’s procedures and criteria for issuing “no-fly” orders against a complaint that the criteria (which are essentially “pre-crime” criteria based on predictions of future bad actions) are too vague to provide fair notice of what actions might lead to a “no-fly” order, […]