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Not sure why the title was editorialized, but this is literally just one person's opinion. The title makes it sound like the legal community universally agrees, which is not true.

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It’s also bad legal commentary . The TSA seems to have broad legal authority. The more vague a law is, the more authority the executive branch has , not less (assuming it’s constitutional, and our constitution is also deliberately limited)

There are two avenues for recourse: lobbying your congressman or suing the TSA . I’m guessing the ACLU / EFF and other groups haven’t yet sued because the TSA’s legal authority is broad.

As discussed in the original article, John Gilmore (co-founder of EFF) did sue. "His complaint was dismissed on the basis of TSA policies that said travelers were still allowed to fly without ID as long as they submitted to a more intrusive 'pat-down' and search. The court didn’t rule on the question of whether a law or policy requiring ID at airports would be legal, since the TSA conceded there was no such law."

Sounds about right

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