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Supreme Court Won't Hear Body-Scanner Appeal

stevegee58 writes "After a long string of legal setbacks, the case brought by Jonathan Corbett challenging TSA's use of full body scanners and enhanced pat-downs has come to an end. Today the Supreme Court declined to hear the case, so current TSA practices will stand. The TSA started allowing the use of the advanced imaging technology in October 2010."

170 comments

  1. well, by Anonymous Coward · · Score: 5, Informative

    god damn it!

    1. Re:well, by ganjadude · · Score: 5, Insightful

      I hate to say it but I kind of figured that nothing would come of it. It seems the same thing always happens.

      step one - enact something that pisses off damn near everyone

      Tell the angry mob that you will look into it and something will be done

      quietly drop it when the mass forgets about it because OHHHH SHINEY!

      --
      have you seen my sig? there are many others like it but none that are the same
    2. Re:well, by pdabbadabba · · Score: 3, Informative

      From what I've read, there's really nothing to see here. The original suit was dismissed because it was filed in the wrong court. It was filed in FL district court when the law requires that it be brought before the DC Circuit or the circuit in which he resides (he resides in Michigan). But instead of just bringing his suit in the correct court, he has simply appealed the dismissal all the way up to the supreme court. Of course SCOTUS didn't take it; the lower courts were obviously correct.

    3. Re:well, by tsaoutofourpants · · Score: 5, Informative

      Hello, filer of the lawsuit here. There's perhaps a little bit more to read than what you've read... the first page of my SCOTUS petition or 11th Circuit appellate brief would have cleared things up. :) The brief summary is that my lawsuit was filed in District Court quite intentionally: District Court is the only federal court that has a trial by jury, as well as discovery and witnesses as-of-right. After filing, the TSA invoked a law that was not designed to send challenges to agency "orders" to the US Court of Appeals. The idea behind the law is that some administrative agencies have proceedings with administrative law judges that legitimately should be challenged in the appeals courts. For example, if you try to bring a knife on a plane, the TSA has administrative law judges to assess a civil penalty against you, and you can appeal that decision to the appeals court. However, the TSA has now successfully argued that ANYTHING THEY WRITE DOWN CONSTITUTES AN "ORDER" THAT CANNOT BE THE SUBJECT OF A JURY TRIAL. Think about that for a second: the gatekeepers of our constitutional rights are supposed to be *the people*. Instead, it is now a group of men that are appointed by the President, who happens to be the guy who appoints the head of the TSA who started this mess. My fight against the TSA will continue on in the appeals court, which is the only good news here. You may read more at: http://tsaoutofourpants.wordpress.com/2012/10/01/supreme-court-declines-to-consider-whether-nude-body-scanners-deserve-a-trial/

    4. Re:well, by Anonymous Coward · · Score: 2, Insightful

      sir, first of all, thanks for your tireless work on this.
      secondly, best nickname ever!
      thirdly, where can I contribute to your work, please do a kickstarter/indygogo on this.

    5. Re:well, by pdabbadabba · · Score: 5, Informative

      Hi there, thanks for replying. I am a lawyer, so I should probably refrain from commenting on the merits of your case too specifically for fear of accidentally giving "legal advice."

      I'll just say/ask these few things:

      1) It remains the case that the matter on appeal to the Supreme Court was the jurisdictional question, not the merits of your complaint (and the complaints of many others) against the TSA.

      2) Regardless of what court you brought suit in, it was always going to be a judge who resolved legal questions like, say, whether TSA's procedures were unconstitutional. A jury would only be tasked with factual questions like figuring out, if it were disputed, what TSA's procedures actually were.

      3) Do you have plans to refile in the 6th or DC Circuit?

      4) Good luck on your lawsuit.

      (It goes without saying, but I'll say it anyway: I am a lawyer, but I am not your lawyer. I know not nearly enough about you or your case to provide you advice that you could rely on. I am also not admitted to the bar in your jurisdiction so I couldn't be your lawyer even if I wanted to.)

    6. Re:well, by tsaoutofourpants · · Score: 5, Informative

      Thank you, and you're quite welcome! There's a donate button on my blog: http://tsaoutofourpants.wordpress.com/ I'm considering trying Kickstarter/Indygogo, but for now, just PayPal. :) --Jon

    7. Re:well, by tsaoutofourpants · · Score: 5, Informative

      0) It's ok... I don't accept legal advice from strangers anyway. ;) 1) Yes. 2) Yes, but there are many questions of fact. For example, are the scanners effective (since effectiveness is a part of the balancing test in deciding if a search is reasonable)? See my video on that: http://tsaoutofourpants.wordpress.com/2012/03/06/1b-of-nude-body-scanners-made-worthless-by-blog-how-anyone-can-get-anything-past-the-tsas-nude-body-scanners/ 3) 11th Circuit. The wires have mistakenly reported me as a Michigan resident since I used a Michigan mailing address on court documents. I live in Miami Beach, FL. 4) Thank you. :)

    8. Re:well, by pdabbadabba · · Score: 1

      0) It's ok... I don't accept legal advice from strangers anyway. ;)

      That is an excellent policy. Have you done any research about the procedures a Circuit Court will/would use in answering a factual question like the one you point out?

    9. Re:well, by pdabbadabba · · Score: 4, Informative

      Ah. I just answered my own question (or, rather, the 11th circuit did):

      Finally, under 28 U.S.C. 2347, we may: (1) remand a proceeding to an agency to hold a hearing where one is required by law, (2) transfer certain cases to a district court, or (3) order an agency to take additional evidence and counterevidence. Id. 2347(b)(1), (3), (c).

    10. Re:well, by tsaoutofourpants · · Score: 5, Informative

      Indeed, although the TSA will argue that that particular law doesn't apply to orders under s. 46110. Stay tuned for that fight.

    11. Re:well, by LifesABeach · · Score: 2

      Why is the TSA not performing an illegal act when they examine the junk of a minor? Or photograph a naked child? Is this for the children?

    12. Re:well, by tsaoutofourpants · · Score: 5, Insightful

      "Examining the junk" of an adult, or photographing the same naked, isn't traditionally a lawful governmental objective either. But it becomes more obvious how wrong it is when you think of the children, elderly, handicapped, breast cancer survivors, rape survivors, etc., that have to deal with this nonsense.

    13. Re:well, by Anonymous Coward · · Score: 0

      Thank you for at least trying to do something.

    14. Re:well, by ubrgeek · · Score: 1

      So is this the be-all, end-all of the issue? Is there no way to get the practice stopped via the courts? Seeing as TSA has lied to Congress (and ignored court orders before) it sounds like there's no other option. Please tell me I'm missing some possibility.

      --
      Bark less. Wag more.
    15. Re:well, by MysteriousPreacher · · Score: 1

      "Examining the junk" of an adult, or photographing the same naked, isn't traditionally a lawful governmental objective either. But it becomes more obvious how wrong it is when you think of the children, elderly, handicapped, breast cancer survivors, rape survivors, etc., that have to deal with this nonsense.

      All's fair in the war on Terra, or so it seems.

      --
      -- Using the preview button since 2005
    16. Re:well, by Anonymous Coward · · Score: 0

      Anyone who uses the expression "nude body scanners" is a fucking idiot and being intentionally deceptive and sensationalistic.

    17. Re:well, by anomaly256 · · Score: 3

      I wonder what would happen if *everyone* refuses to go through the scanners or be patted down. See, people only have as much power over you as you let them have. The problem is that the majority of people let them have this power without a second thought

    18. Re:well, by fustakrakich · · Score: 2

      ...intentionally deceptive and sensationalistic.

      And the reasons for the law like this and the patriot act aren't? Please!

      --
      “He’s not deformed, he’s just drunk!”
    19. Re:well, by DarwinSurvivor · · Score: 1

      Well, the newest iPhone did just come out...

    20. Re:well, by ganjadude · · Score: 1

      Thank you for the work, I will be following you more from now on and I hope to see some results in the future, If funding is an issue, I hope that you will "kickstarter" things

      --
      have you seen my sig? there are many others like it but none that are the same
    21. Re:well, by Rich0 · · Score: 1

      2) Regardless of what court you brought suit in, it was always going to be a judge who resolved legal questions like, say, whether TSA's procedures were unconstitutional. A jury would only be tasked with factual questions like figuring out, if it were disputed, what TSA's procedures actually were.

      Interesting. Mind pointing to where in the US Constitution that is written down? I just see that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed."

      Granted to really benefit from the letter of the Constitution he would need to actually commit a crime and be charged with it, and that wouldn't be advisable since courts have been ignoring the letter of that amendment for ages.

    22. Re:well, by Anonymous Coward · · Score: 0

      The people would then not be allowed to travel via airplane, and soon, via rail.
      no more visiting relatives...no more vacations (I haven't been able to afford one in years anyway)...no more anything.
      And I guarantee, the TSA is trying their damndest to put checkpoint stations around the Country for vehicular travel (I've heard the Border Patrol is already hasseling people FAR from the borders).

      I hate to do this.....but it's looking more and more like Soviet Russia around here. We joked about "Papers, Please", but didn't Arizona just win on appeal the ability to do just that?

      Think of all the jokes we'll have to change now.

      In Soviet Amerika.....

    23. Re:well, by pdabbadabba · · Score: 1

      It's not from the constitution, but it is a distinction that predates the constitution in Anglo-American law. You can see some hint of it in the Seventh Amendment (which is the amendment you need in this case anyway):

      In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

      So, the short answer is that it isn't in the constitution, but it was the traditional role of a jury as it was understood by the founders.

    24. Re:well, by asicsolutions · · Score: 1

      I've flown with my kids a couple of times in the last few months. When a parent or family with young children comes through, the metal detector suddenly becomes "good enough" for them. I was conflicted when I went on my trip. I had a 3 and 10 year old girl and I wasn't going to have them groped and I was seriously worried about the exposure to the machine, but surprise, off we went to a separate line and through the metal detector, myself included.

      Of course on the other side was a guy in a wheelchair who obviously had some kind of muscle problems, his legs were like sticks, but they had to reach under and check out everything since he couldn't stand up.

      Sigh

    25. Re:well, by Rich0 · · Score: 1

      Yup. Actually, the way the right to trial by jury is applied to day is rather astonishing.

      If I sue you for $21 the courts will make the lives of 12 people miserable to weigh the outcome of a case which clearly will have a trivial outcome.

      If the DA charges me with a crime whose maximum sentence is 5 months in prison, I'll be told I can't have a jury decide on the case. The same applies if I am to be fined $100 with the likelyhood of my auto insurance company raising my rates by $500/yr. And, more recently I could be charged with 300 consecutive 1 month sentences without being entitled to a jury trial.

      The effect is that disputes over money get a more rigorous treatment in the courts than criminal matters where what is at stake is personal freedom. It really seems backwards, especially since the amount that needs to be at issue for civil cases has been made completely trivial by inflation.

    26. Re:well, by GameboyRMH · · Score: 1

      Care to elaborate on why? It's a fair description of the device. It's a scanner that presents an image of a nude body.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    27. Re:well, by pdabbadabba · · Score: 1

      What you say about criminal trials without a jury is emphatically not true. It may be that the large majority of criminal defendants are persuaded to waive a jury trial and plead guilty, but I am unaware of any case where someone has been deprived of one against their will, and I would be shocked if you could cite me a single case where such a thing has happened. Can you?

      As I've mentioned here before, I work for a federal court and we are very very scrupulous about informing defendants of this right before they are even allowed to plead guilty and there is no situation I know of where a jury trial could be withheld from someone in a criminal suit. It's possible that the occasional crazy state court judge gets this wrong, but it is blatantly illegal. And not just in the abstract "wouldn't it be nice if the constitution were enforced" kind of way, but a very real, practical "if you appeal your conviction will definitely be thrown out" kind of way.

    28. Re:well, by Anonymous Coward · · Score: 0

      It doesn't normally scan the nude body, it can, but that's not it's focus. Standard operating procedure does not require all participants to disrobe for proper operation. It's like calling a fork an "eye poker".

      The expression is to generate images of people having their clothes ripped off, they aren't.

      Using shock & fear to fight the results of another's shock & fear campaign, how advanced.

    29. Re:well, by GameboyRMH · · Score: 1

      Would "electronic nudity revealer" be fair then?

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    30. Re:well, by pdabbadabba · · Score: 1

      Qualification: we do imprison those accused of international terrorism (e.g., the detainees at Guantanamo Bay) and other offenses involving certain national security interests (I'm thinking of Bradley Manning) without trial. While this is extremely serious (and, in my view, an embarrassing betrayal of our constitutional values), it is not at all a common phenomenon and not one generalizable to "ordinary" American criminal law. It also seems not to be the sort of thing you had in mind when you wrote "If the DA charges me with a crime whose maximum sentence is 5 months in prison, I'll be told I can't have a jury decide on the case" and "I could be charged with 300 consecutive 1 month sentences without being entitled to a jury trial."

    31. Re:well, by redlemming · · Score: 1

      2) Regardless of what court you brought suit in, it was always going to be a judge who resolved legal questions like, say, whether TSA's procedures were unconstitutional. A jury would only be tasked with factual questions like figuring out, if it were disputed, what TSA's procedures actually were.

      Unfortunately, legal policies that would give jury only authority over factual questions exist in violation of the 9th and 10th Amendments (rights retained by the people, rights reserved to the people). James Madison put these words into the Bill of Rights, and in doing so, made it open-ended, precisely because he knew that there would be times when the interests of legal professionals as a class would not align with the interests of the people.

      By definition, rights retained by the people are retained by the people. They are not retained by the legal professionals. They are not retained by the government. They may not be stolen by either group, because if either group stole such rights, they would no longer retained.

      Legal professionals form a class within society that does not necessarily have interests aligning with the rest of the population. It is not an accident that we live in a "land of the lawsuit" and that laws that take hundreds of pages to write are being passed by legislators. Legal professionals, as a class within society, have a vested interest in having a legal system that is (or even just seems to be) complex, confusing, scary, and even contradictory: this creates long term demand for their profession. This places these people, as a class, in a position of ethical conflict of interest when they are writing, prosecuting or judging laws.

      A fundamental human right is the right to not be subject to laws, policies, procedures, rules, orders, or precedents that can reasonably be supposed to involve conflict of interest on the part of members of government. Even the appearance of ethical conflict of interest should be avoided whenever possible.

      As such, any person (at any level in the legal hierarchy) that has sworn an oath to uphold the Bill of Rights, and who perpetuates policies that try to deny juries the right to decide whether a given law or policy or practice of the government is violating fundamental rights, is necessarily in violation of that oath. It is not within the authority of any legal professional or group of legal professionals to change this.

      It is entirely appropriate for the people to be deciding what these rights are, a jury is one place where such decisions can be made, and such decisions, as one way of expressing the rights arising under the 9th and 10th Amendments, will necessarily supersede the authority granted to judges.

      The MANY legal professionals who made slavery such an awful mess (allowing especially terrible things such as enslaving children) and who then permitted the horrible "separate but not-actually-equal" nonsense to persist for so many years, clearly demonstrated that this class of persons is not to be trusted as a class. Some individual legal professionals have integrity, and can be trusted, but the concept "eternal vigilance is the price of liberty" does not only refer to vigilance over just the government, but also over the legal profession.

    32. Re:well, by Rich0 · · Score: 1

      Lewis v. United States, 518 US 322 (1996)

      The Supreme Court held that you can only demand a jury trial if you face at least six months in prison on a single charge regardless of how they add up in the aggregate.

    33. Re:well, by pdabbadabba · · Score: 1

      Well you've got me there -- and it looks like the basic rule that you have no right to a jury trial for 'petty' crimes goes back much farther than 1996. I had no idea about any of that. I've asked around and most of my fellow law-school graduates seem to have known about it. So never fear, it is taught in law schools, just not to law students who never take criminal procedure (and don't worry, I'm not a criminal lawyer). This is why you don't take legal advice from strangers on the internet (and, of course, why strangers on the internet, such as myself, do not offer legal advice).

      So I guess I have to agree with you; we unfortunately seem to not take the 6th Amendment very seriously when it comes to "minor" crimes.

    34. Re:well, by Rich0 · · Score: 1

      I think there is also a danger in relying on the precedent that petty crimes did not involve juries in the common law era.

      Back when the constitution was penned the court was the building in the middle of town, and minor cases were heard by the local magistrate who chances are knew every person in the town. If the guy just rubber-stamped every silly little money maker like the modern speeding ticket then he would probably end up being tarred and feathered. The whole culture around the judicial system for minor offenses was likely quite different than it is today.

      Then again, I'm not a legal historian, so maybe it wasn't all that different.

      I'm not sure the world would be a worse place if you could ask for a jury trial for a parking ticket - I can only imagine that a lot of dumb little laws would get rethought. However, when you can charge somebody with 300 counts of an offense that gets a one month sentence and argue that no jury trial is allowed, that is an injustice.

    35. Re:well, by Anonymous Coward · · Score: 0

      Hardly, as the images are only simulations and you'd have to differentiate between the one's using only the vague outline and the ones showing the unaltered image.

      No, I don't know a catchy phrase that would be correct, but I'm sure someone out there is capable of creating one. Until then, I'll just call them "body scanners".

  2. One thing is missing: by Elbart · · Score: 2

    Why?

    1. Re:One thing is missing: by Mashiki · · Score: 5, Informative

      Via drudge:
      http://www.contracostatimes.com/politics-government/ci_21672132/supreme-court-wont-hear-cases-body-scanners-gay?source=rss
        The Supreme Court won't hear a Michigan man's attempt to challenge the use of full body scanners at airports.

      The high court on Monday refused to hear an appeal by Jonathan Corbett, who wanted to challenge the Transportation Security Administration's use of full body scanners and/or enhanced pat downs at airport security lines. Federal courts in Florida refused to hear his lawsuit, saying it could only be filed with the federal appeals court in Washington, D.C. The 11th U.S. Circuit Court of Appeals upheld the dismissal, and the Supreme Court refused to reopen the case.

      The TSA started allowing the use of the advanced imaging technology in October 2010.

      --
      Om, nomnomnom...
    2. Re:One thing is missing: by Anonymous Coward · · Score: 0

      The most generous interpertation I can think of is, they don't want to stick their collective dick into this meat grinder.

      Which is still bullshit, because the whole point of lifetime tenure is so they can without fear of retaliation. See, Roberts upholding the ACA, knowing full well the GOP will lose its shit.

    3. Re:One thing is missing: by jtownatpunk.net · · Score: 1

      Because, citizen. Stop resisting!

    4. Re:One thing is missing: by Anonymous Coward · · Score: 0

      I still have the same question as Elbart. There isn't anything that says why they declined to hear the case?

      No evidence of suffering? His case was based on hearsay? What? There has to be some reason the Supreme court felt the case wasn't worth a hearing.

    5. Re:One thing is missing: by ichthus · · Score: 4, Funny

      ...and, pick up that can!

      --
      sig: sauer
    6. Re:One thing is missing: by almitydave · · Score: 2

      I read this blurb as well, and it sounds like the issue under appeal was the Florida federal court's dismissal based purely on jurisdiction. Ok, refile in D.C. I don't understand if there's more to it than that - anyone know more? There's no mention of case # or anything in this blurb.

      --
      my, your, his/her/its, our, your, their
      I'm, you're, he's/she's/it's, we're, you're, they're
    7. Re:One thing is missing: by Mashiki · · Score: 2

      I've looked beyond that but that's the most the wire services have out at the moment, since it was listed as "breaking" so yeah, good on them I guess, there will probably be more out in an hour or two. I'd like to know myself, if I find it I'll post it, unless someone beats me to it.

      --
      Om, nomnomnom...
    8. Re:One thing is missing: by ichimunki · · Score: 4, Insightful

      They declined because he filed in Florida, not DC. That's pretty simple. So the next step is to file in what is apparently the proper venue. This isn't like they're upholding the law or judging the case on merits... although I'd bet if they wanted to hear the case, they would figure out some loophole to get past the bureaucratic BS, rather than forcing the process back to nearly square one.

      --
      I do not have a signature
    9. Re:One thing is missing: by pdabbadabba · · Score: 4, Informative

      You are correct. There is nothing more to it than that. The case number (on appeal to the 11th Circuit, at least) appears to be 11-cv-12426. Here is the 11th Circuit's opinion itself which makes things pretty clear: http://law.justia.com/cases/federal/appellate-courts/ca11/11-12426/11-12426-2012-02-27.html

    10. Re:One thing is missing: by Yakasha · · Score: 4, Informative

      I still have the same question as Elbart. There isn't anything that says why they declined to hear the case?

      SCOTUS gets 1000s of cases every year. They can't review them all. So, they defer to the lower courts unless the lower courts can't figure it out for themselves (i.e., different circuits give conflicting rulings).

      For SCOTUS to take this, most likely multiple suits need to be filed in different districts and at least 2 of them need to hear the case and rule differently.

      The issue is effectively DOA in the courts. But lucky for us, November 6th is approaching fairly rapidly. Fix it there.

      Since Obama clearly supports the Fed's illegal activities, and Romney no doubt does too, you're left with 1 option: vote 3rd party.

      3rd party is not a wasted vote. Federal election laws revolve around a party gaining 5% of the popular vote in the previous election. We only recognize two parties because only those two parties have ever had 5% of the votes!

      If you're curious, Ross Perot picked up 18% in 1992, but officially ran as an Independent, preventing his Reform party from benefiting in 1996.

    11. Re:One thing is missing: by jamstar7 · · Score: 0

      The Supremes are saying there are rules to the game and he wasn't playing by the rules. How convenient. Of course, if it was the government filing this case, they most likely would have heard it.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    12. Re:One thing is missing: by OverTheGeicoE · · Score: 5, Informative

      The plaintiff was hoping to get a jury trial in the district court. All suits regarding TSA in the DC circuit court go straight to appeals, meaning no jury trial is possible there. This is the same court that has been so deferential to DHS in the EPIC suit on the same topic. The plaintiff seemed to think a jury would be more receptive to his arguments.

      Is another suit in the DC court worth the trouble? If not, then Mr. Corbett has been about as effective as Jesse Ventura was in his suit.

    13. Re:One thing is missing: by Anonymous Coward · · Score: 0

      What's more, this is a common dismissal in self-directed cases. Thanks NOLO :)

    14. Re:One thing is missing: by tsaoutofourpants · · Score: 5, Informative

      > Is another suit in the DC court worth the trouble? I give that an emphatic, "hell yes." --Mr. Corbett :)

    15. Re:One thing is missing: by EmagGeek · · Score: 1

      "They declined because he filed in Florida, not DC."

      Is he trying the case pro se? Because, I can't imagine a member of the Bar making such a basic fuckup.

    16. Re:One thing is missing: by EuclideanSilence · · Score: 3

      Voting 3rd party also greatly influences the positions of the 2 main parties who don't want to lose to each other. If you lose an election by 5%, but a 3rd party got 5% of the vote, it's very likely that taking up the 3rd party position will help the next time around.

    17. Re:One thing is missing: by PortHaven · · Score: 2

      How come jurisdiction seems to play here, but it always seems like patent suits are filed in that Texas jurisdiction that keeps patent trolls well fed?

    18. Re:One thing is missing: by tsaoutofourpants · · Score: 4, Informative

      Please read http://yro.slashdot.org/comments.pl?sid=3156341&cid=41515905 -- not a fuckup, but an intentional decision. I am pro se, although about a dozen members of state bars, including Jesse Ventura's awesome legal team, made the same decision in their similar suits.

    19. Re:One thing is missing: by jythie · · Score: 1

      Well, it is debatable if the vote is 'wasted' or not since the concept is pretty subjective. As another poster pointed out, significant turnout for a 3rd party can often cause one of the two parties to integrate those issues into its platform, but that really the main 'value' of such votes. Mathematically, our system will pretty much always stabilize on two parties, just like other countries that have similar voting laws. There will never be a 3rd party that is anything other then a sounding board for new planks. There will never be a critical mass that propels us into a 3 party system with a third of the nation (apx) voting for each one because our system just can not stabilize around that configuration.

    20. Re:One thing is missing: by rullywowr · · Score: 1

      By "collective dick" are you referring to Sotomayor's as well?

    21. Re:One thing is missing: by Anonymous Coward · · Score: 0

      As another poster pointed out, significant turnout for a 3rd party can often cause one of the two parties to integrate those issues into its platform, but that really the main 'value' of such votes.

      That's a pretty awesome value and the reason I vote third party (generally Libertarian or Constitutional)

    22. Re:One thing is missing: by Yakasha · · Score: 2

      Well, it is debatable if the vote is 'wasted' or not since the concept is pretty subjective.

      No, its not. There is a very real tangible goal of 5%, which Ross Perot proved is very possible to reach.

      As another poster pointed out, significant turnout for a 3rd party can often cause one of the two parties to integrate those issues into its platform, but that really the main 'value' of such votes.

      Not the only value. If the primary parties integrate the issues, awesome. Then in the next election, at the debates the 3rd party candidate can FORCE the issues to be debated.

      Mathematically, our system will pretty much always stabilize on two parties, just like other countries that have similar voting laws.

      Have a link or book or articles to that effect? I'm interested.

      There will never be a 3rd party that is anything other then a sounding board for new planks. There will never be a critical mass that propels us into a 3 party system with a third of the nation (apx) voting for each one because our system just can not stabilize around that configuration.

      Well, I know you're not speaking from experience since no 3rd party has been a contender in the modern age. So, how did you come to this conclusion?

    23. Re:One thing is missing: by Yakasha · · Score: 2

      Voting 3rd party also greatly influences the positions of the 2 main parties who don't want to lose to each other. If you lose an election by 5%, but a 3rd party got 5% of the vote, it's very likely that taking up the 3rd party position will help the next time around.

      You know what? If that is what actually fulfills the "No more business as usual" promise, I'm all for it. If that is what gets real campaign reform in, or stops the patriot act, or kills the tsa, or defunds our world wide military ventures... Im cool with it.

    24. Re:One thing is missing: by zippthorne · · Score: 2

      It seems pretty clear that they did so because the MO of almost all judges in publicly important cases seems to be to

      1) avoid the issue - find any kind of procedural or technical reason why the case cannot be heard. You cant piss of people for making the wrong ruling if you don't even really make a ruling. Although this preserves the status quo, so it really shouldn't be considered as a neutral non-decision...

      2) avoid the issue - find any kind of technical or procedural reason why the case can be dismissed. This technically decides in favor of one of the parties, but only looks like it decides against one of them for not being prepared enough. Also preserves the status quo. Actually, a little moreso, as it makes it more difficult for additional cases to be heard.

      3) avoid the issue - decide just enough of the issue to satisfy the case, being careful to leave the larger portion of the issue safely undecided. If we got to this one in the TSA case, I expect they would find some reason why it was wrong in some specific small set of rather unlikely circumstances, while leaving "undecided" anything that would require substantive changes to the actual practices of the TSA. This preserves the status quo while still presenting an appearance of progress.

      4) split the baby - make the most absurd ruling possible. Possibly finding in favor of one party, or both, or neither, and hang it on a premise that not only angers everyone involved and those who weren't initially involved, but sets a harmful precedent for all future activity. See Marbury v. Madison for an early US example where the court found a way to usurp additional powers for itself, or the recent ruling on PPACA. Named for a biblical ruling that is often presented, also absurdly, as an example of great wisdom. This preserves the status quo by making people wary of initiating cases in the first place....

      --
      Can you be Even More Awesome?!
    25. Re:One thing is missing: by jamstar7 · · Score: 1

      "They declined because he filed in Florida, not DC."

      Is he trying the case pro se? Because, I can't imagine a member of the Bar making such a basic fuckup.

      Could be that he's a Florida resident, NOT a Michigan resident.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    26. Re:One thing is missing: by Jade_Wayfarer · · Score: 1

      Ah, thanks for lightening up my mood. Still, by the looks of it, things are not that bad... yet.

      --
      Absence of proof != proof of absence.
    27. Re:One thing is missing: by jythie · · Score: 1

      The 5% goal just means the candidate gets more money. It is a milestone, but mostly symbolic rather then representing actual viability.

      The problem with the 'platform' value is it is just a plank, not actual action.

      I do not have a simple link handy, it is mostly game theory stuff.

      Ahm.. notice you said no 3rd party contender? That is one of the things informing the conclusion. Not only do we have 200+ years of 3rd parties not surviving in this nation, but we have all the other nations that use a similar voting system also failing to develop any viable 3rd parties. Within our country they have come up maybe a dozen or two times, across other counties they have come up hundreds of times. They peek at 10-20% and then dissolve, returning to a two party system.

  3. Hey now. by Anonymous Coward · · Score: 0

    The process is no different than bringing immigrants through Ellis Island.

    Same thing. Trust us.

    1. Re:Hey now. by binarylarry · · Score: 0

      You need to get your ass to mars.

      --
      Mod me down, my New Earth Global Warmingist friends!
    2. Re:Hey now. by jamstar7 · · Score: 1

      You need to get your ass to mars.

      Love to. Where can I get my exit visa?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  4. America ... by Anonymous Coward · · Score: 0, Troll

    Welcome to America, land of the sheep.

    Let's face it, the terrorists have won, and the government is taking advantage of this to take control over more and more of your lives.

    I'm betting US tourism is down massively.

    1. Re:America ... by Anonymous Coward · · Score: 1

      Dude. The government are the terrorists. It's double-plus good!

      Now, give us your citizen ID so we can file these nekked pics of you for reference, you know, so we can recognize you on the street when we do nekkid scans from our government pedo-vans.

      [also btw... hey, fred... add this guy to the no-fly list]

  5. One thing the left and right can agree on by Anonymous Coward · · Score: 1

    You, the people, are fucked.

    1. Re:One thing the left and right can agree on by Anonymous Coward · · Score: 0

      You, the people, are fucked.

      Oh, I think we already knew that!

      On that particular case, we knew that when the court ruled that TSA must open public comment period and TSA summarily ignored them. For a year. And then it came back to court and TSA said -- ok, we might get around to that in a few months, leave us alone. And the court said "yes, sir!"

      There is probably a "state secret" request somewhere in there they could invoke if all else failed. After all, if the terrorists knew how much radiation we are all getting before each flight, the terrorists might learn that they already won a long time ago.

    2. Re:One thing the left and right can agree on by Anonymous Coward · · Score: 0

      They, the people, don't care.

      This fight is a lost cause because too few people are pissed off about it. A handful of people protesting the injustice will have no effect, no matter how right they are. If the majority is willing to accept this, then the government will continue with it, justice be damned.

  6. Checks and Balances by danbert8 · · Score: 5, Funny

    About as useful as the Constitution for determining what is allowed by the government...

    --
    Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    1. Re:Checks and Balances by Tasha26 · · Score: 1

      R.I.P due process!

    2. Re:Checks and Balances by Whatanut · · Score: 0

      How is this a violation of due process. As has been said by several others, the guy filed in the wrong court, got his lawsuit rejected and wanted SCOTUS to over turn that decision. This guy is the one not following process.

      --

      yvan eht nioj
    3. Re:Checks and Balances by IgnoramusMaximus · · Score: 4, Insightful

      Actually the "process" is the primary method by which powerful tyrants deny justice to meaningless peasants.

      He was supposed to file in DC wasn't he? Why exactly? Does the court in Florida belong to a different nation? The moon was in an incorrect astral sign? Wind was coming from the wrong compass point?

      When he files in DC (at his own expense of course and on his own time - but I am sure everyone gets many days free time fully paid from his/her job to proudly challenge an entire multi-trillion dollar agency in any state of the agency's choosing) he will promptly find out that while DC was the correct court, the "process" requires him to wait 2 years for a decision, which will be that he "does not have standing" (being a mere peasant) or that he is "not a party" (not being a member of the government) etc and so on.

      Due process my ass.

      The whole point of this exercise is the pretense that average citizens have any say whatsoever in what the government or other wealthy powers do to them. The US courts have been rubber-stamping the aristocracy's decisions for a long time now, all the while creating ever more byzantine "process" in order to insure that the lower classes have to jump through so many hoops as to make participation of anyone without 40 lawyers and 100 paralegals pointless.

      The beauty of this system is that technically everyone can participate but in practice only the very wealthy can do so effectively. And bonus: more byzantine the rules, higher paid and numerous becomes the priesthood that attends to them: the lawyers.

      Everyone wins, well except the average peon who gets to pay for this fun in more ways than one.

    4. Re:Checks and Balances by Anonymous Coward · · Score: 0

      As long as the checks clear and the balances don't go negative, they work fine.

      Bribery FTL.

    5. Re:Checks and Balances by GameboyRMH · · Score: 1

      Maybe they don't *really* have checks and balances, but it's the illusion of having them that counts.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  7. A Proud Day For America by crmanriq · · Score: 1

    Just stand over there citizen. We'll get to you shortly.

    --
    If it's worth doing, it's worth doing for money.
  8. we reject your facts ...... by who_stole_my_kidneys · · Score: 1

    and choose to ignore them. Along with the rest of the majority of Americans.

  9. This is a Sign... by Anonymous Coward · · Score: 3, Insightful

    That extensive exercising of the 2nd Amendment will be required to turn back the encroachment upon our liberties.

    1. Re:This is a Sign... by Anonymous Coward · · Score: 0

      That reference to the second amendment can be construed as a death threat. Do you also support terrorism? Seriously, just stop the enhanced patdowns on kids is the simple solution, not stopping them on all adults.

      We already have representatives as the government and if you don't like it, elect someone else. But it is a fallacy to believe The People as a whole are the government in a representative democracy type of republic. Don't even suggest taking up arms, you idiot.

    2. Re:This is a Sign... by Anonymous Coward · · Score: 0

      That extensive exercising of the 2nd Amendment will be required to turn back the encroachment upon our liberties.

      Sadly, you are probably correct. These people can't be reasoned with; they intend to rule, and they intend for us to be their slaves; even if it is for "our own good". People don't want to admit it, but we are living in an authoritarian police state now. Just because it is (for the moment) a "benevolent" one doesn't make it any less tyrannical.

      But don't expect to win. They have more force than you can wield, and they have the support of half the population who wants to feel "safe".

    3. Re:This is a Sign... by fustakrakich · · Score: 1

      Who are you going to shoot? The politicians, or the people that reelect them?

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:This is a Sign... by luther349 · · Score: 2

      sad but true. the day i see a tsa check point on a highway is the day you see dead tsa agents.

    5. Re:This is a Sign... by luther349 · · Score: 2

      yea it will lead to another civil war. but think bought it you said it yourself they only have support of half the nation just a few years back that number was much larger.

    6. Re:This is a Sign... by Anonymous Coward · · Score: 0

      sad but true. the day i see a tsa check point on a highway is the day you see dead tsa agents.

      Finally, a real American.

    7. Re:This is a Sign... by Jade_Wayfarer · · Score: 1

      Great - you mean one more dead terrorist, who will be used as a proof of necessity of the said check points. And a reason to build much more. How do you think the media would spin that story?

      --
      Absence of proof != proof of absence.
    8. Re:This is a Sign... by luther349 · · Score: 1

      im sure they would try to spin a civil war into a terror attack but who cares. force will be the only way to get rd of them unless of course you want to live in a police state. but lets hope it never comes to that but so far its not looking good,

  10. Slightly off topic..but.. by SuperCharlie · · Score: 4, Interesting

    Seems like laws and bills and crap should logically go through the Supreme Court *before* being enacted.. This passing laws which are unconstitutional and then having them in effect for years and years until they finally make it to be judged *while they are still enforcing them* seems pretty stupid from the whipped persons point of view. Yea yea yea.. it would take years to pass crap and the backlog would be crippling.. and you say that like its a bad thing...

    1. Re:Slightly off topic..but.. by Brewmeister_Z · · Score: 1

      How about federal laws must have at least a 90 day "cool down" period in which the public is able to review the law as passed and a process of immediate appeals can be initiated by the states to force the Supreme Court to review it before any of it can be enforced or enacted. For issues requiring time-sensitive action, involving agencies/departments that handle such things (FEMA, DOD, EPA, etc.), those can have another process to act quickly but then oversee and audit strongly to minimize waste of taxpayer money.

      Sorry, that might be too sane and reasonable. Just let the greedy and power-hungry sociopaths continue unchecked...

      --
      I Cater to the Needs of Stupid People. - from a coffee mug Christmas gift
    2. Re:Slightly off topic..but.. by dkleinsc · · Score: 3, Insightful

      Seems like laws and bills and crap should logically go through the Supreme Court *before* being enacted.

      So you want to give veto power to 5 unelected people who have a lifetime term of office? I understand the instincts, but this seems like a really bad idea.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Slightly off topic..but.. by interval1066 · · Score: 0

      Seems like laws and bills and crap should logically go through the Supreme Court *before* being enacted...

      NO. Absolutely not. That would be the exact equivalent of giving the supreme court the power to enact law, which is not its job. Executive branch creates laws, all the judicial branch does is see if its constatutional. That's It.
      Any jurisdiction can create a law, its then up to the local courts to make sure those laws are allowable under the local ordances. They get pushed up the chain as they get challeneged. That's the say its supposed to be. If we start circumventing that process you clear the way for a totalitarian beuracracy to start creating laws without any way to challenge them. No, the process is just fine, thank you for your input.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    4. Re:Slightly off topic..but.. by interkin3tic · · Score: 1

      You'd give an unelected board of lifelong appointees the power to approve or reject all laws passed by congress? That sounds like a terrible idea. They wouldn't be restricted to dealing with it in a chronological order. They'd be able to fast-track laws they liked and bury laws they didn't.

      At the current moment in history, I do think the supreme court justices are generally more worthy than your average congressman. Certainly more informed on what the constitution means. But if you give the position such powers, you raise the stakes, and I'm quite certain you'd see the supreme court being much more of a battleground than it is now. The pretense of striking down laws based not on opinion but on constitutionality would go right out the door.

      Imagine if, for example, the tea party got one or two seats on such a supreme court. It would be bad as is, but consolidating even more control with the court both makes it more damaging and more likely.

    5. Re:Slightly off topic..but.. by ZeroSumHappiness · · Score: 2

      I'd settle for five days of public comment before signing bills. This was a simple proposal that costs almost nothing to implement and would give some value, if only in name, to public comment.

    6. Re:Slightly off topic..but.. by jedidiah · · Score: 2, Insightful

      It's 9 people and THEY ALREADY HAVE THAT POWER.

      By design, the SCOTUS is no less powerful than any other branch of the government. Complaints about "activist judges" are a Big Lie propaganda ploy intended to neuter an important part of the government meant to balance the rest.

      Yes. 9 appointees should have that much power. They were intended to. Probably to balance out the influence of politicians that constantly have to campaign for re-election and finance same.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Slightly off topic..but.. by Aryden · · Score: 4, Informative

      Executive branch creates laws

      Civics 101: Legislative branch creates laws. Executive branch enforces laws. Except where executive orders are in play.

    8. Re:Slightly off topic..but.. by Mitreya · · Score: 1

      So you want to give veto power to 5 unelected people who have a lifetime term of office? I understand the instincts, but this seems like a really bad idea.

      1. They already have that power. Their decisions shape the US to a much greater degree than the president who has actual veto power (health care certainly got decided by supreme court). They do have to wait until someone challenges the law, but how much of a deterrent is that?

      2. Our elected president is not using the veto power he has despite promising that he would (e.g., the illegal wiretapping immunity which Obama swore to veto during his campaign). So again, I don't see what we have that much to lose.

    9. Re:Slightly off topic..but.. by Anonymous Coward · · Score: 0

      It is sad how few people understand the basics of their own government.

    10. Re:Slightly off topic..but.. by dkleinsc · · Score: 1

      It's 5 people because 5 votes are all that's needed to create a 5-4 decision.

      I'm not saying judges shouldn't have power, but the value of having to have somebody bring a case is that it allows them to only focus on those situations where there is a potential problem.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    11. Re:Slightly off topic..but.. by Hotawa+Hawk-eye · · Score: 1

      Seems like laws and bills and crap should logically go through the Supreme Court *before* being enacted...

      NO. Absolutely not. That would be the exact equivalent of giving the supreme court the power to enact law, which is not its job. Executive branch creates laws, all the judicial branch does is see if its constatutional. That's It.

      The legislative branch creates bills, votes upon them, and if approved hands them off to the executive branch for signing and enforcement. The executive branch enforces the law, it doesn't really create the law in the sense I think you're implying.

    12. Re:Slightly off topic..but.. by gorzek · · Score: 1

      That would require a Constitutional amendment, which makes it a political non-starter.

    13. Re:Slightly off topic..but.. by NormalVisual · · Score: 1

      5 people makes a majority opinion that decides the law, however. I'm sure that's what the parent poster was getting at.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    14. Re:Slightly off topic..but.. by Brewmeister_Z · · Score: 1

      True, more of thing that happens after heads are rolling and militias take parts of the country type of thing. This kind of thing is like expecting a cancer to cure itself... a miracle to say the least.

      --
      I Cater to the Needs of Stupid People. - from a coffee mug Christmas gift
    15. Re:Slightly off topic..but.. by interval1066 · · Score: 1

      Whatever. Made a mistake in the branches. shoiuldn't (and doesn't) completely invalidate my main point.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    16. Re:Slightly off topic..but.. by Anonymous Coward · · Score: 0

      I suggested something similar many years ago. The laws should go on judicial review before they are even up for vote. If the law passes constitutionality, then if the law passes that is it, it passes and goes into effect. No more suing in court after the election combined with an activist judge overturning the law.

      If the law is unconstitutional, it should not be up for vote.

    17. Re:Slightly off topic..but.. by Anonymous Coward · · Score: 0

      EXECUTIVE ORDERS ISSUED

      Teddy Roosevelt 3
      FDR 11 in 16 years
      Truman 5 in 7 years
      Ike 2 in 8 years
      Kennedy 4 in 3 years
      LBJ 4 in 5 years
      Nixon 1 in 6 years
      Ford 3 in 2 years
      Carter 3 in 4 years
      Reagan 5 in 8 years
      Bush 3 in 4 years
      Clinton 15 in 8 years
      George W. Bush 62 in 8 years
      Obama 923 in 3 1/2 years !

  11. time to face facts by nimbius · · Score: 4, Insightful

    and conclude that had the supreme court heard the issue, it would probably have just ruled in favour of the government.
    and had it ruled against the government, the TSA and cur->administration() would have ignored it.

    The best option at this point is to select "alternative screening" whenever you go through the airport. Refuse the private screening as this only benefits the TSA by allowing it to hide the dissent against this technology. Avoid engaging in smalltalk, even if solicited, during the pat down. I generally stand tall, and fix my vision into the crowd of passengers entering screening.

    --
    Good people go to bed earlier.
    1. Re:time to face facts by dkleinsc · · Score: 2

      The best option at this point is to select "alternative screening" whenever you go through the airport. Refuse the private screening as this only benefits the TSA by allowing it to hide the dissent against this technology.

      The best option is to not fly, let the airlines know exactly why, and encourage others who dissent against this policy to change their habits as well. If the airlines start losing big money because of the TSA's practices, they'll bribe^H lobby to change it.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:time to face facts by Aryden · · Score: 1

      Until there is a viable alternative to flight, this isn't going to work. Also, any viable alternative to flight will then be subjected to this very same sort of security theater. See the TSA trying to implement airport security in train stations and roads.

    3. Re:time to face facts by Rob+the+Bold · · Score: 1

      I generally stand tall, and fix my vision into the crowd of passengers entering screening.

      I'm too busy trying to keep an eye on all my unguarded stuff left up for grabs -- I guess that goes for people stuck in the naked booth, too.

      --
      I am not a crackpot.
    4. Re:time to face facts by Mitreya · · Score: 1

      The best option at this point is to select "alternative screening" whenever you go through the airport.

      That's a clever plan (which I use), but it is only good until "alternative screening" is available. What if they declare that opting for the pat down alternative supports the terrorists?

      Avoid engaging in smalltalk, even if solicited, during the pat down.

      The workers certainly do not make the policy, so what is the point of ignoring them?

    5. Re:time to face facts by Anonymous Coward · · Score: 0

      Take a look at the airline ridership in the months following 9/11/01. You know, that period of time when the flying public knew that the current security measures were completely ineffective, but before the TSA was put in place. Then look at the statistics after the TSA was in place. Which do you think the airlines prefer?

      Remember the holiday (Thanksgiving, I think), when the was a 'movement' to protest the TSA? Oh, the loudmouths were SURE that the public was with them. "People are going to boycott flying, people are going to disrupt the security procedures" the said. That will show them! And, when the day came, the usual lines were there, and except for a very few people (rightly labelled idiots by everyone else), thing proceded normally.

      You are certainly free to not fly. But don't kid yourself that there enough others like you to make the slightest bit of difference.

    6. Re:time to face facts by crypticedge · · Score: 2

      The best reaction during the alternative screening is to moan and act like you enjoy it too much. Make it as uncomfortable for them as they've made it for everyone else.

    7. Re:time to face facts by tsaoutofourpants · · Score: 1

      National Opt Out Day "failed" (if by "failed" you mean "didn't slow things to a halt") because the TSA quietly stopped using the scanners on that day, so there was nothing to opt out of. Don't kid yourself that there are enough others like you that will sacrifice liberty for alleged safety.

    8. Re:time to face facts by Solandri · · Score: 1

      When the SCotUS declines to hear a case, they don't give a reason why. The reasons can range anywhere from "Well duh, obviously the lower court was right" as you claim, to "We really don't know, but would like it and other similar lawsuits to kick around the lower courts some more to build up more opinions before we take a look at it." It's highly unusual for the SCotUS to take up the first case of its type to reach them - that usually only happens when there's a blatant violation of the Constitution in a law. They don't like working in a vacuum, and having multiple lower courts from all over the country weighing in on an issue before they tackle it helps them be sure that the issue has been thoroughly explored before they give their weighty and final say on the matter.

    9. Re:time to face facts by Anonymous Coward · · Score: 0

      I always choose alternate screening however I also always choose the private option. Why? It forces ONE more TSA person off the main "line" in order to "observe" the screen.

      fuck 'em all

    10. Re:time to face facts by Anonymous Coward · · Score: 0

      "Think before you speak. Belligerent behavior, inappropriate jokes and threats will not be tolerated. They will result in delays and possibly missing your flight. Local law enforcement may be called as necessary."

      Recently heard over the intercom repeatedly at several airports, including Austin, TX. Funny and sad at the same time. Anyway, at some point, some annoyed worker is going to flag your moaning as an inappropriate joke.

    11. Re:time to face facts by Anonymous Coward · · Score: 0

      And that's exactly it.

      Stop flying you morons. Yes it's annoying an inconvenient but it's more important to fuck the airlines into the ground until the whole system is broken.

    12. Re:time to face facts by MysteriousPreacher · · Score: 1

      Is there a good source on the scanners being retired for the day? Been searching around and finding not much beyond the crazy world of Alex Jones, blogs and the kinds of sites I struggle to take seriously. I don't credit Pistole's jackbooted beauty college drop-outs with the intelligence required to do such a thing without it being more widely noticed.

      --
      -- Using the preview button since 2005
    13. Re:time to face facts by Anonymous Coward · · Score: 0

      The workers certainly do not make the policy, so what is the point of ignoring them?

      Because they're part of the problem.

    14. Re:time to face facts by fustakrakich · · Score: 1

      If the airlines start losing big money because of the TSA's practices, they'll bribe^H lobby to change it.

      No they won't. They will ask for and get another bailout.. at you-know-who's expense.

      --
      “He’s not deformed, he’s just drunk!”
    15. Re:time to face facts by Anonymous Coward · · Score: 0

      and conclude that had the supreme court heard the issue, it would probably have just ruled in favour of the government.

      and had it ruled against the government, the TSA and cur->administration() would have ignored it.

      The best option at this point is to select "alternative screening" whenever you go through the airport. Refuse the private screening as this only benefits the TSA by allowing it to hide the dissent against this technology. Avoid engaging in smalltalk, even if solicited, during the pat down. I generally stand tall, and fix my vision into the crowd of passengers entering screening.

      Hi,
      Can a non-American also "opt out" at at American runway?

    16. Re:time to face facts by zippthorne · · Score: 1

      Then opt out entirely. Also, learn to fly. The general aviation loophole will likely remain open indefinitely, because that's how many of the elite travel.

      --
      Can you be Even More Awesome?!
    17. Re:time to face facts by Anonymous Coward · · Score: 0

      Wait, we can make Lord Voldermort pay for the airline bailout? Can we do this right now, maybe we could get some nice upgrades.

    18. Re:time to face facts by Anonymous Coward · · Score: 0

      Organise a 'no fly week' where everyone does the best they can not to fly in that one week period. See how far down the numbers have to go before they take notice.

    19. Re:time to face facts by asicsolutions · · Score: 1

      I took a trip to Florida with my son a couple of weeks after 9/11. The flights were insanely cheap and there was no way in hell another 9/11 would happen. No one on the plane would have sat idle. Look at the crazies who have tried to get into cockpits since 9/11. They have been tackled, pummeled and held down. The stupid scanners don't do anything anyways. Look at the people who have managed to get things through inadvertently (Adam savage with a rapier like razor) or through testing. Also, anything implanted below the skin doesn't show, so there's your next attack.

    20. Re:time to face facts by Anonymous Coward · · Score: 0

      I'd take something from Alex Jones over MSNBC or Fox News any day.

      He has a larger audience and is not subsidized by the US government.

    21. Re:time to face facts by heefeneet · · Score: 1

      Can a non-American also "opt out" at at American runway?

      Possibly. I've done it. Flew from Las Vegas and rather than go through the body scanner, I walked right up to the metal detector next to it and made eye contact with the TSA agent. He waved me through the metal detector (with no follow up invasive search) and the next 20 or so people in the line followed me through.

    22. Re:time to face facts by gottabeme · · Score: 1

      General aviation should not be considered a loophole but just as basic a privilege as driving a car.

      However, the cost of avgas and insurance nowadays make general aviation practically an elite option, even if for a lesser class of elites. It wasn't that way years ago.

      --
      "Those who consume the bulk of goods are those who make them. We must never forget this secret of our prosperity."
  12. Actually it's the opposite by Anonymous Coward · · Score: 0

    In theory the SCOTUS is not supposed to judge laws that are not yet enacted.

    I remember hearing that at the time of the Obamacare ruling, where people argued that even though the law had been passed by the Senate, SCOTUS was in theory not allowed to uphold it or strike it down on the ground that it had yet to be enacted. Not sure why Obamacare was an exception, but the point is SCOTUS can't give a ruling on a law that is not yet passed by Congress.

    1. Re:Actually it's the opposite by Anonymous Coward · · Score: 1

      The thing about "Obamacare" is that it had gone through the whole process (pre-court challenge) and thus was able to be challenged in court when it finally was. SCOTUS couldn't really do anything about it when Obama hadn't signed it yet (requiring it to pass through the house and the senate first), but as soon as Obama signed it into the law books, SCOTUS could hear on it and uphold it. Which is what happened. At that point, it was enacted, whether it was officially being acted upon yet or not (in the case of much of "Obamacare", though the bill was enacted, its effects simply were not to go into effect until some time later). Not an exception at all (and I'm not sure why you roughly explained that first and then called it an exception?).

    2. Re:Actually it's the opposite by Bob+the+Super+Hamste · · Score: 2

      That discussion was actually about weather a tax can be appealed through before it takes effect. The way things currently are is no a tax can not be appealed until it has taken effect. The question around the Affordable Care Act (a.k.a. Obamacare) was is the penalty for the individual mandate a tax or not. If it is a tax then it can't be litigated until it takes effect, if it is not a tax then it can be litigated before it goes into effect. The oddity that popped out of the ruling is that Obamacare is both a tax and not a tax. It was not considered a tax as per the first part of the ruling which allowed the 3rd part of the ruling, but for the 3rd part of the ruling it was ruled a tax thus being something congress could enact. There was a second part that dealt with removing funds for states that was overturned but that was a separate issue. Technically speaking the SCOTUS was never granted the constitutionality authority to determine if a law was constitutional but granted them selves that right in the marbury v madison case.

      --
      Time to offend someone
    3. Re:Actually it's the opposite by Anonymous Coward · · Score: 0

      Please fix the typo in your sig.

  13. Legal Barriers Aside by ohnocitizen · · Score: 4, Interesting

    There may have been a legitimate reason for refusing to hear the case, though with the current makeup of the court there is no reason to suspect their hearing the case would have gone well.

    Instead let's take this as an impetus to get serious about tackling the TSA's abusive methods.

    PR: Publicly boycott air travel as much as possible. When you do travel, avoid airports with the scanners, and opt for public pat down screenings as much as possible if you must use those airports. Do this to slow down the lines, and to let other passengers see you (and thus dampen their enthusiasm for flying). Take out ads in local papers and targeted ads online attacking the TSA and its methods. Promote and share videos and stories that illustrate these abuses.

    Legislation: Call your congress critters and let them know how you feel about the TSA. Work to make the TSA a featured issue in the campaigns you can vote in. Get in touch with the lobbyists who represent businesses dependent on air travel (especially airlines), and get them to fight the TSA for economic reasons.

    Good luck!

    1. Re:Legal Barriers Aside by Anonymous Coward · · Score: 0

      avoid airports with the scanners? In the last year (about 15 airports), I've only been to one line that didn't force me to opt out for the patdown, and even in that airport, all the other lines went through the body scanner.

    2. Re:Legal Barriers Aside by Anonymous Coward · · Score: 0

      The moment they figure out the PR just to slow down the lines, the names of those people who do that and do ads against the TSA should be put on a no public transportation list. That means no planes, no trains, no buses. Drive their own car or get a ride in someone else's vehicle is all they will be able to do.

      To enforce such a no public transit law, their photograph should be taken in addition to their name, address, city/state/zip or postal code.

    3. Re:Legal Barriers Aside by luther349 · · Score: 1

      you think the tsa gives a crap bought bad pr lol that all they are. you think they care bought your lawsuit ha there above the law court orders etc. but until the people do some growing and force these fuckers out there hear to stay.

    4. Re:Legal Barriers Aside by ohnocitizen · · Score: 1

      Nicely structured sentences! Anywho, the TSA doesn't need to care about bad PR. The companies that make a profit off air travel, and the politicians we tie to the TSA's practices do.

  14. Op Out! by Anonymous Coward · · Score: 0

    I agree. I'm old enough to be the grandma of many slashdot readers, but when I fly commercial air, I request "alternate screening" every, single, time. Just say, "I opt out," and hold your arms out proudly!

  15. The dull thud of the rubber stamp by gestalt_n_pepper · · Score: 2

    is once more heard across the land.

    --
    Please do not read this sig. Thank you.
  16. AQ has won by Anonymous Coward · · Score: 0

    and our officials are their patsies.

  17. doesn't matter by Anonymous Coward · · Score: 1

    The courts are not going to tell the TSA to stop, the only way to stop it is to convince Congress. The Court has already decided that airport security is an administrative search that you agree to when you place your stuff on the belt or step through the portal. Only Congress can reign in the TSA and they wont do it until they perceive their chances of reelection depend on it.

  18. Security at the courts by tgd · · Score: 4, Interesting

    I think, in the best interest of the safety and security of the Supreme Court judges, its probably best they require everyone -- including the judges -- to use the full body scanners to enter the Supreme Court building.

    As a pinnacle of our republic, not taking its security seriously is an insult to the institution of the Supreme Court and the United States of America.

    1. Re:Security at the courts by Anonymous Coward · · Score: 0

      The constitution protects people from being scanned for weapons!

    2. Re:Security at the courts by Anonymous Coward · · Score: 0

      ... its probably best they require everyone -- including the judges ...

      Firstly, judges are isolated from the unwashed masses already so they won't be included. Secondly, such buildings have an employee entrance which would have to be shut-down for your rule to work. Thirdly, such a shut-down would require police and other employees exposed to the public entrance and its scanner.

      When the TSA originally contracted for new-fangled scanners, the concept of protecting government buildings arose. It was simply seen as cost-ineffective. Whether that was because of the lower volume of traffic, or because terrorists wouldn't use government services is unclear.

  19. Breaking: Government run courts side with govt by hsmith · · Score: 1

    More at 11.

    It still surprises people that the federal government grants itself more power, year after year, and only affirms that power, year after year?

    SCOTUS is part of the Federal Govt, of course it will protect the federal govt.

  20. I like they're tone. by Anonymous Coward · · Score: 0

    Just like my hero patrick bateman. "JUST SAY NO!"

  21. Time for the last box: The ammo box. by Anonymous Coward · · Score: 0

    All else failed and are under control of industrial feudalists.

    If we could do it here, where you can actually be shot on the street for it, you can do it in the US too.

  22. Fuck Them All by Anonymous Coward · · Score: 0

    Fuck the TSA, the Dept of Homeland Security, and fuck the airline industry. I haven't flown since the requirement to take off shoes began, I'm not going to fly until I don't have to, and anyone else who does hates freedom.

  23. Funny thing by Murdoch5 · · Score: 2

    The funny thing about the TSA is that the rules sound like they were written by grade 1 students. They are comically horrible, I mean in some cases they even cause harm or damage and in others they just cause inconvenience. Shouldn't a system designed to protect / improve security also improve quality of life and travel? I was denied taking medication with me after being searched, I guess I could of somehow smuggled a chemical lab onto the plane and turned the pills into a powerful explosive ......... The TSA should write a book, "How not to implement security".

    1. Re:Funny thing by Anonymous Coward · · Score: 0

      As I've often said, most terrorists are from the middle east. Now, the middle east is a hot, dry place. It's bad for the skin, and it's especially bad for hair.

      The reason shampoo and conditioner is confiscated is because Al Qaeda hates us for our soft, manageable hair.

  24. Simple by Safety+Cap · · Score: 3, Funny

    I'd bet if they wanted to hear the case, they would figure out some loophole to get past the bureaucratic BS,

    Just tell Thomas, Scalia and Alito that they can't get their daily "newsletter of best-of images" culled from the scanners until they hear the case.

    That sucker'll be fast-tracked so fast someone's robe will burst into flames.

    --
    Yeah, right.
  25. Another way to fight this stupidity by Anonymous Coward · · Score: 0

    Do not fly commercially unless your employer requires it. Take your vacations only at places you can reach by auto, bus or train. Be sure to write the venue that you might have chosen for that holiday to let them know of the business they lost and why. Send a copy to your preferred airline too. Once The Mouse and his many confederates get enough of these messages something will change (although not necessarily in the way you might have expected).

    Remember, it is largely about money and influence. Individually, most of us are without much of either.

    1. Re:Another way to fight this stupidity by GameboyRMH · · Score: 1

      There are TSA/VIPER checkpoints at train stations and on the highways (within 100 miles of any national/state border IIRC).

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  26. Once again the Supreme Court fails to act by Anonymous Coward · · Score: 0

    This court comes as close to traitorous as any court in the history of the nation. I'm not surprised the people's faith in the Supreme Court has diminished dramatically. It appears this court and the Chief Justice have no interested in limiting government power at all.

  27. Bad design by Beryllium+Sphere(tm) · · Score: 1

    The courts are specifically prohibited from acting unless there is a "case or controversy". Every branch of government needs a check on its power, and that's the check on the judiciary.

  28. Essentially what the court is saying... by Anonymous Coward · · Score: 0

    ... if you don't like you and your family being photographed in the nude by the government, you're a terrorist. So feel free to GTFO, but expect the gov't to keep a few photos as a souvenir regardless.

  29. Of course by Anonymous Coward · · Score: 0

    There is money involved on a large scale, and the Supreme Court are now part of the New World Order. They proved that with the Obamacare rulling.

  30. It's time for... by Anonymous Coward · · Score: 0

    ...tar and featherings to commence.

  31. One of 2 flaws by nurb432 · · Score: 1

    This in my opinion is one of the 2 main flaws that our founders left us with. The supreme court can simply refuse to hear a case that has made it all the way to their door.

    Now i wouldn't want them to be bogged down by minor issues, but if a case makes it thru all the appeals and is a constitutional issue, they should be required to hear and rule on it.

    Being able to pick and choose, makes them more powerful than the other 2 branches combined, when it should be a check/balance system instead.

    --
    ---- Booth was a patriot ----
  32. 3rd party vote is not wasted at all. by Anonymous Coward · · Score: 0

    It's just another vote for Obummer and more of the same big government, except only bigger and more than ever before, at our expense.
    As much as I can't stand Mittens either, at least I hope that his experience as a shrewd businessman will help get the economy moving and that he actually means it when he says he intends to reduce the size of government.... let's face it folks, that's precisely what this country really needs is for government to get shrunken and perhaps some of the jackboot government thugs who got their jollies wielding their power trips will be the first ones joining the ranks of the unemployed. That would be justice indeed.

    I am going to hold my nose while I vote for Romney and maybe there's a tiny chance we won't get fooled again.

  33. The Checks have bounced... by erroneus · · Score: 2

    ...the balance is negative.

    We no longer have any checks and balances. At every turn, the government claims it has no requirement to address public concerns and does not need to follow its own processes.

    As instances like these continue to mount, every government employee places themselves into further jeopardy from the top to the bottom. TSA workers (of which I was once one) who continue to cite that they have bills to pay and are only following orders will faith the most convenient wrath of nutbags out there who will do anything ranging from nude protests to verbal and even physical assaults. This will escallate unless it is addressed. Things I dare not say will happen unless the government begins to once again listen to the people they are supposed to be representing.

    1. Re:The Checks have bounced... by luther349 · · Score: 1

      they listen they just don't care, after all what you gonna do bought it send a nasty email. they send are jobs to china watch the economy crash and laugh all the way to the bank. i have not heard it from not one person in office the real reason for are depression just crap bought medicare and ssi and maybe a mention of cracking down on china aka do nothing and if that does not work send more people to the middle east to die for no reason then make a huge story out of that. untill the people take back the county its pointless to even pay attention to it anymore.

  34. Fuck the Supreme Court by Anonymous Coward · · Score: 0

    They are a bunch of fascists.

    There is no reason to respect them.

  35. offtopic - Sig by TaoPhoenix · · Score: 2

    Hi there. Offtopic, but your sig is incredible.

    "Don't point out the elephants in the middle of the room. Just play along, be nice and remember to bring lots of peanuts."

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  36. The worst thing by xenobyte · · Score: 1

    about the bottomless pit of money-waste called the TSA is... that their efforts are a complete waste. Basically, the über-expensive hardware doesn't work.

    The checked-in luggage scanners have a detection rate of - at best - no more than 60%.
    The carry-on luggage scanners have a detection rate of 80%, provided the terrorist doesn't hide this weapons disassembled inside other stuff. Then it drops to near 0%.
    The old portal metal detectors are quite good - they have a detection rate of near 100%, but both guns and explosives don't need metal parts, which means a total failure of detection.
    The new body-scanners have a detection rate of less then 25%. It will basically detect only stuff you have in a big lump in a pocket. It will miss thin layers taped to the body and stuff in body cavities.
    The invasive 'grope-search' offered as an alternative to the body-scanners has a decent detection rate of up to 90%, but it will fail to detect stuff hidden in body cavities and whatever areas the agent 'forgets' to search (tests have shown that almost all agents miss some areas they were supposed to check).

    And the TSA knows this.

    Basically it nothing but security theater, designed to make ignorant people feel safe.

    The best way to catch terrorists is long before they get to the airport - when their evil plans are still just that - plans.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  37. Stealing by Anonymous Coward · · Score: 0

    The best way to steal at the airport is to go behind them, wait until they are occupied, and then pick their stuff up from the conveyor. The TSA makes this easy.

  38. Cases and controversies by westlake · · Score: 1

    Seems like laws and bills and crap should logically go through the Supreme Court *before* being enacted.. This passing laws which are unconstitutional and then having them in effect for years and years until they finally make it to be judged *while they are still enforcing them* seems pretty stupid from the whipped persons point of view.

    "The life of the law is not logic it is experience." --- Holmes.

    Limiting your decisions to "cases and controversies" has three great advantages:

    The issues are framed by parties who are genuinely in conflict.

    You get to see how see how "Separate but Equal " plays out in the real world.

    Advisory opinions are to a court what papal infallibility is to a church. There is no graceful line of retreat. No legitimate way to reopen the debate. That is what made the Dred Scott decision so disastrous..