If I were of a snarky disposition, I’d ask a question about how today’s decision in Koontz v. St. John’s River Water Management District applies to the TSA.
Among other things, today’s opinion by Justice Alito states that the unconstitutional conditions doctrine vindicates the Constitution’s enumerated rights by preventing the government from coercing people into giving them up (in this case by demanding excessive pro-environmental spending or concessions from a wetlands developer), and reiterates that “the government may not deny a benefit to a person because he exercises a constitutional right.” What’s more, the decision states that “A contrary rule would be especially untenable in this case because it would enable the government to evade the limitations of Nollan and Dolan simply by phrasing its demands for property as conditions precedent to permit approval.”
Doesn’t all this resonate with the implicit conversation when you go to the airport and want to fly on a plane? ‘Agree to be irradiated or groped, or give up your right to travel’1 I think I know the answer Justice Alito would give: either there is no such constitutional right not to be searched in the circumstances, so nothing is being given up, or the loss is somehow not important given the state interest. Funny how that doesn’t work for property, though.
Fortunately, I am well medicated these days, so I don’t snark hardly at all.
- For those who deny the existence of the right to travel, how about ‘give up the right to your property/contract interest in your non-refundable ticket’. [↩]