On Monday the Supreme Court declined to hear an appeal of a Ninth Circuit appeals court decision which found that Americans do not have a “right to travel by any particular form of transportation’ and do not have the right to know the laws and regulations they must obey.
The justices let stand without comment the January 2006 appeals court decision.
In 2002, John Gilmore attempted twice to board an airplane without showing government-issued identification and was denied boarding both times. Officials repeatedly refused to show him a law or regulation which required him to show ID, claiming it was sensitive security information, and he went to court.
Copies of the security directive in question have been leaked and have been available on the Internet for years. It does not require passengers to show identification, but does require that anyone who does not show identification go through secondary screening and requires special handling procedures for their checked baggage.
But Gilmore’s Supreme Court appeal wasn’t about being asked to show ID so much as being asked to follow a law without being able to know what the law says.
According to a statement by the Identity Project, which Gilmore heads and funds, “We must insist that our elected representatives control the TSA, and hold it accountable for its actions by, first, demanding that it make public this and any other laws it promulgates to bind the public.’ — 27B Stroke 6
Gilmore calls secret law “an abomination’ and says that it violates his right to due process. But now, with the refusal of the Supreme Court to hear this case, Americans can be subject to secret laws. Didn’t think that sort of thing could happen here? It can now.
Oh, and as the Ninth Circuit said in its decision, “the Constitution does not guarantee the right to travel by any particular form of transportation.’ You don’t have the right to travel either, according to these people.
The noose tightens.