Comment by ehasbrouck

As discussed in the original article, John Gilmore (co-founder of EFF) did sue. "His complaint was dismissed on the basis of TSA policies that said travelers were still allowed to fly without ID as long as they submitted to a more intrusive 'pat-down' and search. The court didn’t rule on the question of whether a law or policy requiring ID at airports would be legal, since the TSA conceded there was no such law."