AIR TRAVEL AND THE NO FLY LIST-THE DISTRICT OF OREGON RECOGNIZES A CONSTITUTIONAL RIGHT TO FLY

摘要

In latifv. Holder, the U.S. District Court for the District of Oregon held that a group of U.S. citizens and legal permanent residents had a constitutionally protected right to international air travel that was affected by the group's placement on the Terrorist Screening Center's (TSC) "No Fly List." Although many previous courts have affirmed a right to travel, this landmark case marks the first time a federal court has explicitly recognized a constitutional right to fly. At a time when traveling internationally by means other than flying is impractical, either because it is too costly or too time-consuming, the court correctly held that Americans have a constitutionally protected right to fly. However, the court incorrectly deferred ruling on whether the judicial review process available to the plaintiffs to challenge their continued inclusion on the No Fly List constituted adequate due process.