A Portland Federal Judge ruled that
people who end up on the no-fly list have a right to due process, they can't just be denied air travel with no recourse or explanation. The ACLU represented 13 muslims that are on the list and can't travel internationally as a result, no word if they also represented
children and infants that have also found themselves on the list.
U.S. District Judge Anna J. Brown's opinion did not declare the
no-fly list unconstitutional, but it came close. She noted in her
Wednesday ruling that those on the list are not given any reasons for
their inclusion and do not get a hearing that might clear their names.
Brown's opinion came in the case of 13 U.S. citizens, including the
prayer leader of Oregon's biggest mosque, who have sued the United
States for excluding them from flying. They accuse the government of
denying their Fifth Amendment guarantees to due process by failing to
explain why they have not been permitted to fly in the past or when they
might be able to fly again.
"Although there are perhaps viable alternatives to flying for domestic
travel within the continental United States, such as traveling by car or
train, the court disagrees with (the government's) contention that
international air travel is a mere convenience in light of the realities
of our modern world," Brown wrote.
Moreover, she noted, the implications of the no-fly list are
potentially far-reaching. For example, she wrote, the FBI's Terrorist
Screening Center shares watchlist information with 22 governments, and
U.S. Customs and Border Protection also makes recommendations to ship
captains, which could interfere with a person's travels.
"Accordingly," she wrote, "the court concludes on this record that
plaintiffs have a constitutionally protected liberty interest in
traveling internationally by air, which is affected by being placed on
the list."
I expect the Department of Justice and the FBI to emit a loud howl of protest, they're not used to this kind of treatment, they've always been the ones making the rules.
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