Appeal Denied — US District Courts Have No Jurisdiction Over TSA, No Right to Trial By Jury
February 27, 2012 30 Comments
Sadly, the judgment of the District Court in dismissing my case for lack of jurisdiction was affirmed today by a 3 judge panel at the 11th Circuit Court of Appeals, in a decision that effectively states that Americans have no right to a jury trial when challenging their government.
The result of this decision is that virtually no policy made by the TSA can be challenged in U.S. District Court, which means that the TSA completely evades trial-by-jury and my right to gather and present evidence. The 11th Circuit ignores the discussion of a jury, and finds solitude in the fact that if I made my challenge in the Court of Appeals, they “may” allow me discovery, hearings, etc., but this wholly misses the point: my right to a fair jury trial complete with discovery, evidence, and witnesses are not given to me at the discretion of an appellate judge, but rather taken as a right I was born with as an American citizen.
I will be filing a petition for a writ of certiorari with the U.S. Supreme Court as soon as practicable.