Gilmore I.D. Case Thrown Out
The lawsuit I wrote about in my August/September Reason cover story, in which John Gilmore challenged airline I.D. requirements, has been thrown out by Judge Susan Illston.
However, she admits she wasn't able to judge on one part of his complaint--that the law requiring you to show I.D.s to get on planes is void for vagueness since secret. From her decision:
Because this claim squarely attacks the orders or regulations issued by
the TSA and/or the FAA with respect to airport security, this Court does
not have jurisdiction to hear the challenge. As a corollary, without
having been provided a copy of this unpublished statute or regulation,
if it exists, the Court is unable to conduct any meaningful inquiry as
to the merits of plaintiff's vagueness argument. This argument would
better be addressed to the Ninth Circuit Court of Appeals or to the
Court of Appeals for the District of Columbia Circuit, both of which
have jurisdiction to review these matters.
But she did not buy the argument that the requirement is an illegal search, or that it unconstitutionally restricts the right to travel.
