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Comment by crazygringo

1 day ago

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.

31 comments

crazygringo

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eitally  1 day ago

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).

  • crazygringo  1 day ago

    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.

    • ehasbrouck  1 day ago

      No, it's not "regulatory policy". It's been done entirely with some combination of secret "Security Directives" and "rulemaking by press release". As the article and the linked references explain, the TSA never issued any regulations, published any of the required notices, or obtained any of the approvals that would have been required even if Congress had passed an (unconstitutional) authorizing statute (which it didn't).

    • Spooky23  1 day ago

      No. Policy or regulation would have a basis in law. This administration has aptly demonstrated their contempt for the law. Nobody gives a shit about some grunt federal employee getting extra work.

      This is just a way to compel compliance and to push the agenda for ID with higher documentary requirements, ultimately to deny the vote.

    • forgetfreeman  1 day ago

      I mean I could hire someone to continuously dig and refill the a hole in the ground. That would certainly be them doing a thing, but it would also definitely be fake work. There's been plenty of rhetoric thrown around but no real evidence has been produced that suggests the TSA isn't engaging in a bit of circular digging at the taxpayer's expense with this.

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    • nobody9999  1 day ago

      As I mentioned[0] a few months ago after the TSA announced the $45 "fee":

         ...The courts have repeatedly struck down limits on domestic travel over the 
   past couple hundred years.

   In fact, the $45 "fee" is an acknowledgment that you aren't required to have 
   special documents to travel within the US. Otherwise, they just wouldn't let 
   you travel.

   So instead, they're making more security theater and punishing you if you 
   don't comply with their demands...

      And now the birds are coming home to roost. No real surprise there, IMHO.

      [0] https://news.ycombinator.com/item?id=46128346

eli  1 day ago

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

  • chickensong  1 day ago

    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.

    • mothballed  1 day ago

      ... and the law in most states requires only that you give your name and possibly your DOB to the authorities upon detainment. So as a purely academic exercise, what can they even do if you refuse to answer beyond that? Obviously in practice they will fuck with you or just straight up violate the constitution, but theoretically I'm unsure how they can continue to seize you after that.

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