Motion for Reconsideration Filed
March 16, 2012 29 Comments
After thoroughly embarassing the TSA on the international stage:
…my battle in the courts continues. The brief summary for new readers is that my lawsuit against the nude body scanners and molestation pat-downs was dismissed from U.S. District Court by stretching a jurisdictional statute that requires challenges of TSA “orders” to be filed instead in the U.S. Courts of Appeals. I challenged the constitutionality of this (the result of which would abridge my right to a jury trial, discovery, witnesses, etc.) with an appeal, which was rejected by the 11th Circuit who suggested that I could file in a Court of Appeals and ask the Court of Appeals to order a District Court to hear the case. The absurdity of the idea that I can’t file in one court but can file in another court only to be referred back to that original court notwithstanding, as they wish: the motion I filed today asks the court to do just that.
Of course, there are wrinkes. To start, the court doesn’t have to approve my request. The notion of asking a court for “permission” to challenge my government is repulsive — I demand my challenge as of right! But, if asking nicely gets this issue resolved faster than a petition to the U.S. Supreme Court would, so be it. The second wrinkle is that the TSA, after essentially winning the appeal, in a highly unusual move filed its own motion, basically saying, “No you’ve got it wrong. You were right to deny him his day in court, but wrong to suggest you can give him a day in court by ordering a District Court to hear it.”
So, now pending before the court is the government’s motion to change its decision to omit the part about me being able to get back to District Court “the long way,” as well as my cross-motion, which says, essentially, that if the court agrees with the government, my right to due process is gone. Therefore, if the court wants to grant the government’s motion, it must declare the resulting outcome unconstitutional and send me to District Court. And, if the court denies the motion, please transfer the case to the Court of Appeals and then order a District Court hearing. Either way, you may have noticed that I’m a fan of being heard in District Court.