Transportation Security Administration Ignores Court Ruling Requiring Public Comment On Body Scanners

A year ago this week, an appellate court ruled that the Transportation Security Administration breached federal law in 2009 when the agency instituted airport body scanners as its “primary” method of inspection without a 90-day period for public comment. The appellate court, second in authority to the Supreme Court, ordered the TSA to “promptly” undergo such a period before continuing to use the body scanners, which the court also ruled did not violate the constitution. A year later, the TSA has undergone no such public comment period. In March, lawyers for the agency argued to the court that holding the court-required period would hamper its mission to respond to “ever-evolving threats.” No further action has been taken to force the TSA to undergo such a period.

Ben Sherman