TSA Ordered To Make Final Body Scanner Rule

The D.C. Circuit on Friday ordered the U.S. Department of Homeland Security to submit a schedule for when it will issue a final rule on controversial full-body airport security scanners, handing a victory to transgender equality and civil liberties groups.

The court said the department must issue its final rule after the Competitive Enterprise Institute and two of its staff members, along with the Rutherford Institute and National Center for Transgender Equality, petitioned the court in July for an order to issue it within 90 days. The groups had argued the TSA violated the Administrative Procedure Act by instituting whole-body scans at airports without public notice.

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But CEI celebrated the decision on Friday, saying it brings an "end to the lawlessness" in a statement.

“Today’s victory will rein in TSA’s illegal body scanner policy,” CEI research fellow and petitioner Marc Scribner said in a Friday statement. “We are pleased the court agreed with our petition that TSA has taken far too long to comply with the basic rulemaking process that all agencies must follow.”