Friday, November 30, 2012

Fourth Circuit -- Jonathan Blitz v. Janet Napolitano

Dismissal for lack of SMJ sufficiently final for appeal.

TSA Checkpoint Procedures constituted an administrative Order, as they were the final word of the Agency on the matter.

Court did not err in deciding this based on administrative record (without reference to the actual Order).

Channeling challenges to the Order to the Courts of Appeal not unconstitutional, very commmon.  Doesn't foreclose relief.  No DP violation.





Jonathan Blitz v. Janet Napolitano
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.