TSA to Court: Actually Don’t Bother with Facts, Just Grant Us Permanent Immunity
December 21, 2012 7 Comments
In Monday’s post about the TSA asking the court to hear only its own version of the facts, the TSA had reached a new low. It appears they’ve continued to dig. Yesterday’s filing asks the court not to hear my challenge — or anyone’s challenge — regarding the nude body scanners and “pat-downs” — ever!
The basis of this request is that there is a law that says challenges to TSA orders have to be made within 60 days unless “reasonable grounds” are shown. So even though my original challenge *was* filed within 60 days (November 16th, 2010!), because I was forced to re-file in a different court (clearly not a “reasonable ground,” right?), the TSA would like the clock reset and the case thrown out. Naturally, this would mean that no one can challenge the order at this time or at any time in the future, in any court, ever.
In light of the fact that a constitutional injury continues every day that the order remains in place, this is blatantly unconstitutional. And stupid. The requests from the TSA continue to get crazier and crazier, perhaps because judges keep granting them. I seriously hope they’ve crossed a line that even a federal judge can see.