Comment by tssva

1 day ago

There is no legal requirement to show id or answer any questions to establish identification before flying. In other words there is no extra work required by law which the fee would cover.

The TSA is literally doing all this extra work though, whether or not you think it's required by law. They're not just pocketing the $45 and then blindly waving you ahead.

  • Let's be more precise. The TSA has created extra work for themselves, and are charging us for it, whether it's legally required or not (because they pretend that it is).

    • Sure. But it's not "pretend". It's genuine regulatory policy they've created because they believe it's necessary for security, and this has been a decades-long project. The article is arguing they don't ultimately have the legal authority to make that regulatory policy. Maybe that'll go to court and be tested, maybe they'll win and maybe they'll lose. If they lose, maybe Congress will pass explicit legislative authorization the next day, and maybe that'll be brought to court, and the Supreme Court will have to decide if it violates the 14th amendment or not. But it's not "fake work", it's actually doing a thing.

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  • Flying without ID just gets you the full patdown treatment. It’s not like they’re tracking down people to vouch for you.

    • It's not just a patdown. They take you to a phone booth that has a direct line to some portion of the FBI IIRC, and they ask you a bunch of questions to confirm your identity. At least this is what happened to me about ten years ago when I lost my wallet in a different state and needed to fly home.

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Like someone who would deliberately show up to work in a speedo because "show me where in the employee handbook it says I must wear pants"

  • A better analogy would be a legally protected right to show up to work dressed in street clothes, your boss imposes an illegal requirement to wear a specific uniform, and then attempts to charge you if you show up without one.