Courts rule for libertarians against TSA

24 Oct

I am pleased to announce that Friday the U.S. Court of Appeals for the D.C. Circuit ruled in favor of CEI in our case against the Transportation Security Administration (TSA) to ensure the “expeditious issuance” of its final rule regarding airport body scanners. 

Today’s ruling brings an end to the lawlessness that has plagued the agency’s approach to body scanners for more than four years since the court ordered the TSA to conduct this rulemaking. Thank you once again for your support –your contributions to CEI help make victories like this possible.

Marc Scribner, a petitioner in the case and a research fellow at CEI, said, “Today’s victory will rein in TSA’s illegal body scanner policy. We are pleased the court agreed with our petition that TSA has taken far too long to comply with the basic rulemaking process that all agencies must follow. We look forward to examining the final rule to see how the TSA considered the thousands of public comments on how, why, and where the TSA can use body scanners.” 

CEI filed suit on July 15, 2015, against the TSA for violating the law by deploying ineffective and intrusive body scanners before completing the required rulemaking process that incorporates public and expert advice. With a more complete and transparent process, the TSA could improve passenger safety while better protecting personal privacy. CEI was joined as co-petitioners by the National Center for Transgender Equality (NCTE) and the Rutherford Institute, as well as CEI employees Marc Scribner and Lawson Bader in their capacity as private individuals.  

Read more about CEI’s case here:

Thank you again for your support. If you have any questions or comments about the case, please feel free to email me.  



Conko | | Competitive Enterprise Institute | 1899 L St, NW, 12th Floor | Washington, DC 20036


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