Supreme Court Declines to Consider Whether Nude Body Scanners Deserve a Trial
October 1, 2012 54 Comments
I unfortunately just received news that the U.S. Supreme Court has declined to hear my appeal. My case against the body scanners was tossed by a U.S. District Court, and then appealed in and affirmed by the 11th Circuit Court of Appeals, under a law that the TSA interprets to mean, “Anything we write down cannot be fought in a trial court” — you know, the kind of court with a jury, discovery, witnesses, etc. — and must instead be fought in the U.S. Court of Appeals.
That’s the bad news. The good news is that the fight is not over, it simply must be continued without that jury, and with discovery and witnesses allowed to me at the discretion of the 11th Circuit (instead of by right, as a reasonable reader of the Constitution might assume that we had). I will have my 11th Circuit filing completed within the next 30 days. If you’d like to donate to this expensive effort, click the Donate button at the top right of the page.
I’ve heard from thousands of you over the last 2 years now. Thank you so much for the support, and let’s continue this fight together!