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"“For most people, TSA screenings are an unavoidable feature of flying,” but it is “squarely in the realm” of Congress to expand liability for abuses, Circuit Judge Cheryl Ann Krause wrote."

How on earth is the TSA not already covered under those laws? This is why I can't get behind "originalist" judges; they interpret the laws and the Constitution too literally. Because the TSA wasn't explicitly named under the act (likely because they didn't exist back then), they don't qualify?




An orginalist would rule the TSA unconstitutional on several fronts... not the least of which 4th Amendment, 10th Amendment, Article I Section 8, etc.


Not if that's not the question before the court.




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