Federal Judge: Unchallengeable No-Fly List Unconstitutional

Orders Govt to Allow People to Submit Evidence of Their Innocence

In a 65-page ruling issued today US District Judge Anna Brown declare the current US “no-fly list” unconstitutional because it does not allow people on the list to challenge that status.

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.

Author: Jason Ditz

Jason Ditz is Senior Editor for Antiwar.com. He has 20 years of experience in foreign policy research and his work has appeared in The American Conservative, Responsible Statecraft, Forbes, Toronto Star, Minneapolis Star-Tribune, Providence Journal, Washington Times, and the Detroit Free Press.