The most significant legal challenge since the creation of the Transportation Security Administration to the TSA’s attempt to operate outside the law, and to avoid judicial review of its actions, is coming to a head in the next month in the First Circuit Court of Appeals in Boston. It’s a David v. Goliath legal battle, […]
[“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 panel of the 10th Circuit US Court of Appeals has ruled, in the case of Mglej v. Gardner, that it is “clearly established law” that police in Utah may not require suspects (or anyone else they detain, except operators of motor vehicles) to show ID documents, and therefore that the Garfield County Sheriff who […]
Today the City Council of Portland, Oregon, voted unanimously to ban the use of facial recognition technology by City agencies or by private entities in places of public accommodation within the City limits, including at the Portland International Airport (PDX), effective immediately. Many local and national organizations and individuals testified eloquently in favor of these […]
Playing out the endgame we predicted last year of a two-decade campaign by the US government to establish a global regime of government surveillance of air travelers, the International Civil Aviation Organization (ICAO) has adopted an amendment to the Chicago Convention on Civil Aviation that will require each of the 193 state parties to that […]
Are parking garages and toll roads spying on innocent motorists for Federal police? Reversing a decision made in response to public pressure in 2014, US Customs and “Border” Protection (CBP) plans to pay a commercial aggregator of license-plate reader data to track vehicles that aren’t near any US border or in the “border zone” within […]
Oral arguments have been scheduled by two different Federal District Court judges for this Thursday, July 2, 2020, on motions for temporary restraining orders against enforcement of separate state health orders mandating 14-day quarantine of all people arriving in New York or Hawaii from out of state. Corbett v. Cuomo will be argued at 2 […]
We are pleased that legislation has been introduced in Congress to end “qualified immunity“, one of the main judicial theories that has enabled Transportation Security Administration checkpoint staff to violate travelers’ rights with de facto impunity. H.R. 7085, introduced yesterday in the House of Representatives, is a simple and straightforward bill to end qualified immunity: […]
Judge William Bertelsman of the U.S District Court for the Eastern District of Kentucky at Covington has issued a preliminary injunction prohibiting Kentucky state authorities from enforcing a “Travel Ban” order issued by Gov. Andy Beshear that prohibited most travel into or out of Kentucky, and required anyone crossing the state line to self-quarantine for […]