9th Circuit Upholds No Fly List Against Due Process Challenges

Four plaintiffs’ due process challenges against the government’s No Fly List failed because the criteria used to place them on the list weren’t vague, the Ninth Circuit said Oct. 21.

A person is placed on the list if there is a reasonable suspicion to believe they will commit a violent act of international or domestic terrorism. Anyone on the list may not board commercial aircraft flying to, from, or within the U.S.

Agencies responsible for maintaining the list have specific guidelines to follow, including having articulable intelligence, before placing someone on it.

One of the plaintiffs still in the suit ...