The Department of Homeland Security told a federal court that the agency believes it has the legal authority to strip-search every air traveler. The agency made the claim at oral argument in EPIC’s lawsuit to suspend the airport body scanner program. The agency also stated that it believed a mandatory strip-search rule could be instituted without any public comment or rulemaking. EPIC President Marc Rotenberg urged the Washington, DC appeals court to suspend the body scanner program, noting that the devices are “uniquely intrusive” and ineffective.
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