Comment by mothballed

Constitutional right of access, which as you say doesn't exist, isn't the same as allowing access but conditioning it upon you relinquishing your bill of rights.

If the difference between access and not having access is relinquishing your civil rights, then the reason for denial is exercising your civil rights. Those are explicitly protected. So while you're right they could make a law that says 'no one on the plane' they cannot make a law that says "everyone on the plane except those who won't give up their 4th or 5th amendment rights not to answer additional questions."

There have been prior SCOTUS cases narrowly allowing asking name, DOB, addresses, as well as inspection of your items during certain inspections, but this is something entirely different beyond that asking further probing questions about your identity.

And that brings us back to the tagline of the article:

  The law, as written, is clear: You have the right to fly without ID, without paying a $45 fee, and without answering questions

The TSA is violating the law, and the constitution, and making it up as they go.