March 17, 2014
Thirteen people say their placement on the no-fly list deprives them of their due process rights, while lawyers defending the U.S. government say explaining such placement would involve classified information and endanger national security.
In August, U.S. District Court Judge Anna Brown’s rejected the government’s assertion that people on the no-fly list can travel by other means, and that being on the list does not deprive them of their liberty. She asked the government for more information about its redress procedure to help her determine whether it satisfied due process requirements for the plaintiffs.
Lawyers representing the government said in federal court in Portland, Ore., on Monday that a person’s right to a hearing concerning his no-fly list status is limited, given the national-security issues, and cautioned Brown not to “take over the policymaking” by writing new rules if she decides that the system is unfair.