Comment by hackingonempty

You have always been able to fly without ID by submitting to enhanced physical screening. John Gilmore sued the TSA over the ID requirement but lost, *edited I reread the opinion and the court found there was no 4th amendment violations, but enhanced screening was an option available to him even back in 2004 that he declined.

TSA is not required to allow people without ID to fly but they do and because suddenly a lot of people do not have acceptable ID, and not because of circumstances beyond their control, TSA is instituting the fees.