Brown ruled that flying internationally was not, as the government asserted, a “luxury” but a right that could not be revoked at a whim by the government without any challenge.
Though Brown didn’t rule the no-fly list as such unconstitutional, she did order the government to create some system whereby Americans wrongly included on the list could submit evidence of their innocence.
The ACLU praised the ruling as finally giving the plaintiffs in the case a way to challenge their inclusion on the list, saying it presented them a possible way out from the Kafkaesque bureaucracy that manages the list.
Last 5 posts by Jason Ditz
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