People who are placed on the government’s no-fly list are denied their constitutional right to due process because the government’s procedures to challenge inclusion on the secretive roster are “wholly ineffective,” reports the Oregonian. In a 65-page opinion issued Tuesday, U.S. District Judge Anna Brown ordered the government to come up with a new way for the 13 plaintiffs to contest their inclusion on the list that prohibits them from flying in or through U.S. airspace. The government must provide notice to the plaintiffs that they are on the roster and give the reasons for their inclusion, Brown wrote.
The decision is a victory for the plaintiffs — all U.S. citizens or permanent residents — and the ACLU, which argued the case on their behalf. The plaintiffs have all been denied boarding due to their placement on the list, they argue, despite never having been charged with a terrorism-related offense. The plaintiffs include Sheikh Mohamed Kariye, the religious leader of Portland’s largest mosque. Kariye was refused boarding in 2010 and has been unable to travel overseas since.