Secret Laws

It was just a simple denial of cert. As SCOTUSblog put it:

The Court bypassed Gilmore v. Gonzales (06-211), seeking to force the government to disclose publicly a policy statement requiring searches of individuals prior to air travel.

Yet a lot is at issue. BoingBoing explains:

The United States Supreme Court today rejected a challenge to the federal law that requires travelers to show identification before boarding planes.

The justices, without comment, let stand an appeals court ruling against Libertarian activist and millionaire John Gilmore. Gilmore wanted the court to force the federal government to disclose the policy that requires passengers to produce identification.

Unless the regulations are made public, air travelers have no way to determine if the regulations call for impermissible searches, Gilmore said in court papers. The Justice Department has said that demanding ID protects passengers' safety.

Some background is provided in Groups ask high court to review aviation ID policies:

The case involves a Southwest Airlines customer who sued the government over the civilian passenger-identification policy, which he argues is unconstitutional . . . . The Electronic Frontier Foundation, Reporters Committee for Freedom of the Press and others filed briefs in the case backing plaintiff John Gilmore.

The policy in question requires passengers to present IDs to airline personnel before boarding flights and subjects selected individuals to thorough searches. Gilmore alleges that when he refused to show ID or undergo a search, he was not allowed to board his flight from Oakland, Calif., to the Washington area.

Gilmore claims that because the government will not disclose the content of its ID policy, it is vague and violated his right to due process. He also alleges that when he was not allowed to fly, the Transportation Security Administration violated his right to travel and be free from unreasonable searches and seizures.

The plaintiff said he is making a political statement by not possessing a government-issued ID card. During a teleconference with reporters Tuesday, he called himself a "canary in a coal mine" in an era where not showing ID makes someone an "un-person."

See also, Gilmore v. Gonzales

It was not that long ago when the concept of a compulsory National Identification Card was abhorrent and controversial. Now, not so much.

Just one more nail in the constitution's coffin.

Tags: Civil Liberties, Law