March 27, 2013
The TSA suffered a partial loss in a lawsuit several years ago when the Electronic Privacy Information Center “petitioned the D.C. Circuit Court of Appeals to suspend the body scanner program, stressing its core assertion that ‘the TSA has acted outside of its regulatory authority and with profound disregard for the statutory and constitutional rights of air travelers.’” With profound disregard for those same concerns, the gowned clowns decreed that the TSA could continue irradiating passengers; after all, a technology so dangerous that Europe has banned its use is invaluable for training American serfs to obey: “The Court did not require TSA to stop using [porno-scanners] to screen passengers,” as the TSA itself says, “explaining that ‘vacating the present rule would severely disrupt an essential security operation,’ and that the rule is ‘otherwise lawful.’” Well, yeah — so long as you eviscerate the Fourth Amendment. But heck: the injustice system’s job is to strengthen the government and keep our taxes flowing to its cronies, not uphold the Constitution.
At any rate, “on July 15, 2011, the D.C. Circuit Court of Appeals ruled that the agency had violated the Administrative Procedures Act by implementing body scanners as a primary screening method without first undertaking public notice and comment rulemaking.” All those screams and shrieks from outraged travelers at the checkpoint don’t count, you see, any more than does testimony from doctors on the medical perils of the porno-scanners. “The Court ordered the agency to ‘promptly’ undertake the proper rulemaking procedures and allow the public to comment on the body scanner program.” And so, almost two full years later, the TSA has “promptly” dragged its non-compliant butt into compliance. It is beginning the long, bureaucratic procedure of “soliciting” “comments.” And no, Our Rulers don’t consider your toddler’s tears and tantrums when the goon in a blue shirt molested her a “comment.” You have to “formally” submit remarks according to Leviathan’s regulations.
I’m of a mixed mind whether to dignify this nonsense with participation. On the one hand, all of this plainly unconstitutional “notice-and-comment” balderdash is part of the administrative regime, erected in the late 19th and first half of the 20th centuries, as a deliberate end-run around the Constitution. Meanwhile, Our Rulers no longer even pretend to heed their subjects: we overwhelming opposed both Obummercare and the bail-outs, to no avail.
On the other hand … hard to stay silent in the face of evil, isn’t it? To protest the TSA’s spitting on the Constitution, go here. But hurry: “notice-and-comment” ends on June 24.