Friday, March 11, 2011
Court Hears Argument about TSA Screening
A Federal Appeals Court yesterday heard arguments in a lawsuit alleging that the TSA’s use of full body scanners violates the Fourth Amendment. According to the Washington Post reporting, the court seemed to be skeptical that the TSA procedures violated the Fourth Amendment.
The judges showed some skepticism that they have the authority to require TSA to make a new rule and noted that passengers can always choose a pat-down from TSA agents instead of going through screeners. "No one is required to do full-body scanners," Judge Douglas Ginsburg pointed out.
The argument did suggest that the Court would not give the TSA unlimited authority. “Judge Karen Henderson questioned whether the TSA would be within its authority to determine one day that the security threat required that all passengers be strip searched.”