| ▲ | crazygringo 6 hours ago |
| The TSA is literally doing all this extra work though, whether or not you think it's required by law. They're not just pocketing the $45 and then blindly waving you ahead. |
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| ▲ | eitally 6 hours ago | parent | next [-] |
| Let's be more precise. The TSA has created extra work for themselves, and are charging us for it, whether it's legally required or not (because they pretend that it is). |
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| ▲ | crazygringo 5 hours ago | parent | next [-] | | Sure. But it's not "pretend". It's genuine regulatory policy they've created because they believe it's necessary for security, and this has been a decades-long project. The article is arguing they don't ultimately have the legal authority to make that regulatory policy. Maybe that'll go to court and be tested, maybe they'll win and maybe they'll lose. If they lose, maybe Congress will pass explicit legislative authorization the next day, and maybe that'll be brought to court, and the Supreme Court will have to decide if it violates the 14th amendment or not. But it's not "fake work", it's actually doing a thing. | | |
| ▲ | ehasbrouck 4 hours ago | parent | next [-] | | No, it's not "regulatory policy". It's been done entirely with some combination of secret "Security Directives" and "rulemaking by press release". As the article and the linked references explain, the TSA never issued any regulations, published any of the required notices, or obtained any of the approvals that would have been required even if Congress had passed an (unconstitutional) authorizing statute (which it didn't). | |
| ▲ | Spooky23 2 hours ago | parent | prev | next [-] | | No. Policy or regulation would have a basis in law. This administration has aptly demonstrated their contempt for the law. Nobody gives a shit about some grunt federal employee getting extra work. This is just a way to compel compliance and to push the agenda for ID with higher documentary requirements, ultimately to deny the vote. | |
| ▲ | forgetfreeman 5 hours ago | parent | prev | next [-] | | I mean I could hire someone to continuously dig and refill the a hole in the ground. That would certainly be them doing a thing, but it would also definitely be fake work. There's been plenty of rhetoric thrown around but no real evidence has been produced that suggests the TSA isn't engaging in a bit of circular digging at the taxpayer's expense with this. | | | |
| ▲ | nobody9999 4 hours ago | parent | prev [-] | | As I mentioned[0] a few months ago after the TSA announced the $45 "fee": ...The courts have repeatedly struck down limits on domestic travel over the
past couple hundred years.
In fact, the $45 "fee" is an acknowledgment that you aren't required to have
special documents to travel within the US. Otherwise, they just wouldn't let
you travel.
So instead, they're making more security theater and punishing you if you
don't comply with their demands...
And now the birds are coming home to roost. No real surprise there, IMHO.[0] https://news.ycombinator.com/item?id=46128346 |
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| ▲ | Taniwha 4 hours ago | parent | prev [-] | | It's security theatre, someone has to pay the performers |
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| ▲ | 6 hours ago | parent | prev | next [-] |
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| ▲ | eli 6 hours ago | parent | prev [-] |
| Flying without ID just gets you the full patdown treatment. It’s not like they’re tracking down people to vouch for you. |
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| ▲ | crazygringo 6 hours ago | parent | next [-] | | I don't know what you mean by "full patdown treatment", but they're absolutely tracking down your information in databases and interviewing you about it. See replies to: https://news.ycombinator.com/item?id=46864182 It's absolutely not just enhanced physical screening. | | | |
| ▲ | chickensong 5 hours ago | parent | prev | next [-] | | It's not just a patdown. They take you to a phone booth that has a direct line to some portion of the FBI IIRC, and they ask you a bunch of questions to confirm your identity. At least this is what happened to me about ten years ago when I lost my wallet in a different state and needed to fly home. | | |
| ▲ | 4 hours ago | parent | next [-] | | [deleted] | |
| ▲ | mothballed 5 hours ago | parent | prev [-] | | ... and the law in most states requires only that you give your name and possibly your DOB to the authorities upon detainment. So as a purely academic exercise, what can they even do if you refuse to answer beyond that? Obviously in practice they will fuck with you or just straight up violate the constitution, but theoretically I'm unsure how they can continue to seize you after that. | | |
| ▲ | crazygringo 5 hours ago | parent | next [-] | | ...they don't let you fly. They can't detain you (if you're not otherwise some kind of suspect, and you're not trying to assault them or sprint past security or anything), but they don't let you fly. | | |
| ▲ | mothballed 5 hours ago | parent [-] | | ... if you aren't detained you are free to go. And if you are free to go, you are free to stay, unless the property owner has trespassed you. TSA doesn't own the airport, at least in my state. So how can they trespass you from the airport or otherwise continue to detain you from moving forward? I mean, I know you're right, and I know you will always lose if you try, but I don't understand the legal basis. | | |
| ▲ | harimau777 5 hours ago | parent | next [-] | | I don't think it's a matter of whether or not you are free to go. It's a matter of whether they let you on the plane. | |
| ▲ | crazygringo 5 hours ago | parent | prev [-] | | It's just federal law. Cities don't own restaurants either but can fine them and close them if health inspections fail, because there's a law for that. The legal basis is the federal laws written specifically around airport security. | | |
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| ▲ | duskdozer 2 hours ago | parent | prev [-] | | at least, hold or delay you long enough to make you miss your flight. |
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| ▲ | 6 hours ago | parent | prev [-] | | [deleted] |
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