2 ms·
This post isn't entirely accurate. It's tempting to bash the courts for a decision you don't like, but after reading the opinion, I don't think the judge is obv
by andrewfong 13y ago
This post isn't entirely accurate. It's tempting to bash the courts for a decision you don't like, but after reading the opinion, I don't think the judge is obviously wrong (I say "obviously" because I haven't checked all of the citations for accuracy).
Some key points from the opinion:
* There is precedent stating that district courts do not have jurisdiction to review sensitive security issues and that this has to be considered by an appellate court. The main way to get to an appellate court is to dismiss the case at a district level. Therefore, I would consider this less the court saying "what the TSA did was proper" and more "I can't rule on that, but let's send you to the right court."
* The plaintiff accuses Broward County of lying at the TSA's direction about the existence of the surveillance footage. Two issues here: (1) If the TSA is telling Broward to lie, then it's obviously the TSA's fault, not Broward's. But it's not clear from the opinion whether the plaintiff properly directed this accusation at the TSA as opposed to Broward, and courts can't automatically amend your complaint to go after the right person when you accused the wrong one. (2) The only relief requested by the plaintiff was that the court release the video. Since the video was released, there's nothing else the court can do to punish Broward county for lying.
I realize a lot of this boils down to technicalities that don't really get to the substance of the actual legal claim, but that's how our legal system works (and for good reason -- the technicalities that slow down justice are the same ones that slow down injustice).
One last point -- the author is angry at the court for needless delays and so forth. I don't know the particulars here, but I will note that it's probably less that he's being singled out and more because of budget cuts. Courts all around the country have been taking ridiculously long times to resolve issues ranging from child custody disputes to patent litigation.