Critics of the government's secret no-fly list scored a potentially important victory Monday when a federal appeals court ruled that would-be passengers can ask a judge and jury to decide whether their inclusion on the list violates their rights.
A federal judge in San Francisco had dismissed the suit, citing a law that requires all challenges to TSA orders to be filed directly in an appeals court, with no right to present evidence or convene a jury. But the appeals court majority, led by Chief Judge Alex Kozinski, said the no-fly list, though maintained by the TSA, is actually compiled by a branch of the FBI, which can be sued in a trial court like most other federal agencies.
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