December 3, 2012
Jurisdictional Requirement for TSA Challenges Upheld
The Fourth Circuit upheld a federal statute requring challenges to Transportation Security Administration orders, including TSA airport checkpoint screening procedures (body scans, patdowns), to be filed in in the first instance in a federal appeals court.
The plaintiffs in Blitz v. Napolitano challenged the jurisdictional requirement, 49 U.S.C. Sec. 46110, as violating due process and separation-of-powers principles--arguing that the requirement prevented them from developing a factual record in district court. The Fourth Circuit rejected those claims and upheld the statute.
The court wrote that a circuit court, faced with a Section 46110 challenge, could remand the case for factual development, if necessary. Moreover,
There is nothing unique in Congress's adoption of Section 46110, thereby vesting judicial review of orders of the TSA Administrator in an appropriate court of appeals. Indeed, agency decisions are commonly subject to such jurisdiction-channeling provisions, and final agency actions are generally reviewed in the courts of appeals.
Op. at 14-15.
The ruling is consistent with rulings in the D.C. and Eleventh Circuits.
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