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Dead Constitution
See other Dead Constitution Articles

Title: In Blow to ‘No Fly’ List, US Judge Rules Air Travel Is a Right
Source: [None]
URL Source: http://news.antiwar.com/2013/08/29/ ... e-rules-air-travel-is-a-right/
Published: Aug 30, 2013
Author: Jason Ditz
Post Date: 2013-08-30 07:19:39 by Ada
Keywords: None
Views: 195
Comments: 4

Precedent Could Allow Fliers to Contest Travel Bans

Though the case itself is still far from over, a major victory was scored for opponents of the US “no fly” list when US District Judge Anna Brown ruled that the ability to travel internationally by airplane is a constitutionally protected right.

The finding is part of an ongoing lawsuit by 13 Americans placed on the “no fly” list, who say they have been barred from travel without any due process, and with no way to get off the list.

The Justice Department has insisted that flying is not a right and banning someone from flying is just a minor inconvenience. They also maintain that there is a clear path to appeal being on the list.

In theory that’s true, and a person on the no fly list could go to the US appeals court to get removed. In practice the government never officially acknowledges that anyone is on the list, however, and keeps the reason for adding someone classified, so there’s no way to contest the secret list’s secret justification.

Judge Brown did not yet rule on any specific remedy, however the very fact that she conceded travel as being in the interest of “liberty” suggests she is taking the case seriously, and won’t simply shrug it off as a prerogative of the administration to unilaterally decide who can and can’t travel by airplane.

z

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#1. To: Ada (#0)

Good!

"If an angry bigot assumes this bountiful cause of Abolition, and comes to me with his last news from Barbados, why should I not say to him, 'Go love thy infant; love thy wood-chopper: be good-natured and modest; have that grace; and never varnish your hard, uncharitable ambition with this incredible tenderness for black folk a thousand miles off. Thy love afar is spite at home.'"
-- Ralph Waldo Emerson, Self-Reliance

Prefrontal Vortex  posted on  2013-08-30   10:55:44 ET  Reply   Trace   Private Reply  


#2. To: Ada (#0)

The decision can be read here:

media.oregonlive.com/port...0v%20Holder%20Opinion%20and%20Or der.pdf

Shoonra  posted on  2013-08-30   12:33:23 ET  Reply   Trace   Private Reply  


#3. To: Ada (#0)

It's about friggin time! The USSC held it was a right since a decision in the 50's required the State Dept to issue a passport to a card carrying communist, saying travel was a right, not a priv.

Pinguinite  posted on  2013-08-30   13:17:03 ET  Reply   Trace   Private Reply  


#4. To: Pinguinite (#3)

It's about friggin time! The USSC held it was a right since a decision in the 50's required the State Dept to issue a passport to a card carrying communist, saying travel was a right, not a priv.

This is good, but not complete. The judge agrees that international travel is protected under the Fifth Amendment because it is the most convenient and easiest method of travelling internationally, but domestic air travel isn't protected because you can take a car or train.

echo5sierra  posted on  2013-08-30   15:58:48 ET  Reply   Trace   Private Reply  


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