Supreme Court Won't Hear Body-Scanner Appeal 170
stevegee58 writes "After a long string of legal setbacks, the case brought by Jonathan Corbett challenging TSA's use of full body scanners and enhanced pat-downs has come to an end. Today the Supreme Court declined to hear the case, so current TSA practices will stand. The TSA started allowing the use of the advanced imaging technology in October 2010."
well, (Score:5, Informative)
god damn it!
Re:One thing is missing: (Score:5, Informative)
Via drudge: [drudgereport.com]
http://www.contracostatimes.com/politics-government/ci_21672132/supreme-court-wont-hear-cases-body-scanners-gay?source=rss [contracostatimes.com]
The Supreme Court won't hear a Michigan man's attempt to challenge the use of full body scanners at airports.
The high court on Monday refused to hear an appeal by Jonathan Corbett, who wanted to challenge the Transportation Security Administration's use of full body scanners and/or enhanced pat downs at airport security lines. Federal courts in Florida refused to hear his lawsuit, saying it could only be filed with the federal appeals court in Washington, D.C. The 11th U.S. Circuit Court of Appeals upheld the dismissal, and the Supreme Court refused to reopen the case.
The TSA started allowing the use of the advanced imaging technology in October 2010.
Re:well, (Score:3, Informative)
From what I've read, there's really nothing to see here. The original suit was dismissed because it was filed in the wrong court. It was filed in FL district court when the law requires that it be brought before the DC Circuit or the circuit in which he resides (he resides in Michigan). But instead of just bringing his suit in the correct court, he has simply appealed the dismissal all the way up to the supreme court. Of course SCOTUS didn't take it; the lower courts were obviously correct.
Re:One thing is missing: (Score:5, Informative)
You are correct. There is nothing more to it than that. The case number (on appeal to the 11th Circuit, at least) appears to be 11-cv-12426. Here is the 11th Circuit's opinion itself which makes things pretty clear: http://law.justia.com/cases/federal/appellate-courts/ca11/11-12426/11-12426-2012-02-27.html [justia.com]
Re:One thing is missing: (Score:5, Informative)
I still have the same question as Elbart. There isn't anything that says why they declined to hear the case?
SCOTUS gets 1000s of cases every year. They can't review them all. So, they defer to the lower courts unless the lower courts can't figure it out for themselves (i.e., different circuits give conflicting rulings).
For SCOTUS to take this, most likely multiple suits need to be filed in different districts and at least 2 of them need to hear the case and rule differently.
The issue is effectively DOA in the courts. But lucky for us, November 6th is approaching fairly rapidly. Fix it there.
Since Obama clearly supports the Fed's illegal activities, and Romney no doubt does too, you're left with 1 option: vote 3rd party.
3rd party is not a wasted vote. Federal election laws revolve around a party gaining 5% of the popular vote in the previous election. We only recognize two parties because only those two parties have ever had 5% of the votes!
If you're curious, Ross Perot picked up 18% in 1992, but officially ran as an Independent, preventing his Reform party from benefiting in 1996.
Re:One thing is missing: (Score:5, Informative)
The plaintiff was hoping to get a jury trial in the district court [wordpress.com]. All suits regarding TSA in the DC circuit court go straight to appeals, meaning no jury trial is possible there. This is the same court that has been so deferential to DHS in the EPIC suit on the same topic. The plaintiff seemed to think a jury would be more receptive to his arguments.
Is another suit in the DC court worth the trouble? If not, then Mr. Corbett has been about as effective as Jesse Ventura was in his suit [huffingtonpost.com].
Re:well, (Score:5, Informative)
Re:One thing is missing: (Score:5, Informative)
Re:well, (Score:5, Informative)
Hi there, thanks for replying. I am a lawyer, so I should probably refrain from commenting on the merits of your case too specifically for fear of accidentally giving "legal advice."
I'll just say/ask these few things:
1) It remains the case that the matter on appeal to the Supreme Court was the jurisdictional question, not the merits of your complaint (and the complaints of many others) against the TSA.
2) Regardless of what court you brought suit in, it was always going to be a judge who resolved legal questions like, say, whether TSA's procedures were unconstitutional. A jury would only be tasked with factual questions like figuring out, if it were disputed, what TSA's procedures actually were.
3) Do you have plans to refile in the 6th or DC Circuit?
4) Good luck on your lawsuit.
(It goes without saying, but I'll say it anyway: I am a lawyer, but I am not your lawyer. I know not nearly enough about you or your case to provide you advice that you could rely on. I am also not admitted to the bar in your jurisdiction so I couldn't be your lawyer even if I wanted to.)
Re:Slightly off topic..but.. (Score:5, Informative)
Executive branch creates laws
Civics 101: Legislative branch creates laws. Executive branch enforces laws. Except where executive orders are in play.
Re:well, (Score:5, Informative)
Re:well, (Score:5, Informative)
Re:well, (Score:5, Informative)
Ah. I just answered my own question (or, rather, the 11th circuit did):
Finally, under 28 U.S.C. 2347, we may: (1) remand a proceeding to an agency to hold a hearing where one is required by law, (2) transfer certain cases to a district court, or (3) order an agency to take additional evidence and counterevidence. Id. 2347(b)(1), (3), (c).
Re:One thing is missing: (Score:4, Informative)
Re:well, (Score:5, Informative)