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The TSA's New $45 Fee to Fly Without ID Is Illegal

frommers.com

341–350 of 780 posts

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#341

In the USA it is possible to fly without an ID?

It is, but it’s difficult. I am down visiting New Zealand and 3 times I have flown domestically here and there no ID check. I buy a ticket online, check in online, and scan a barcode at the gate. Is New Zealand an exception, or do a lot of countries not require an ID for domestic flights, and the US is the exception?

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#342

Saying that there is “no legal requirement to show an ID” is truthy but misleading. Federal law gives the TSA authority over “screening” passengers: https://www.law.cornell.edu/uscode/text/49/44901 (“The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that…

> doesn't matter that Congress didn't specifically require... Actually it does matter. Chevron deference is gone. If Congress didn't specifically approve this method, it's not legal

That's not what the end of Chevron deference means. It means that if Congress didn't specifically approve this method, a court may find it illegal much more easily than was previously the case. The deference in "Chevron deference" was from the courts towards administrative agencies.

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#343

Earlier quoted context omitted.

The people eligible for passports are not the same group of people eligible for voter id since there are a few jurisdictions where non-citizens can vote in certain elections. Voting is also a responsibility of the states (even at the federal level), so there isn't really such thing as a federal voter id since each state has different eligibility requirements for voters that don't necessarily align with passport eligi…

FWIW, REAL-ID is not about U.S. citizenship: A passport issued by any country is considered "compliant" with the REAL-ID Act for air travel or any other purpose, regardless of the person's U.S. immigration status. Some politicians seem to have deluded themselves to think that requiring REAL-ID will stop "illegal aliens" from flying. But it won't. Many foreigners in the U.S. (regardless of U.S. immigration status) hav…

My comment was addressing passport cards as a national ID and voter ID.

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#344

Earlier quoted context omitted.

That would be sensible if the traffic signs were in English.

Only if being illiterate also forbade you from driving, which it does not. You don't need to read the law to follow the law.

Well, there's a written exam.

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#345

Earlier quoted context omitted.

The ill that it's supposed to address is people hassling government officials who are just doing their jobs. Their jobs require them to do things that people don't want them to do, like making you pay taxes or go to jail for committing crimes. They are prominent targets and can easily spend their entire career fighting off complaints. Of course that promptly shifts the potential for abuse in the other direction. Supp…

> The ill that it's supposed to address is people hassling government officials who are just doing their jobs. How? If they're doing their jobs, then they are in the right and would be defended by their agency. If they are doing something illegal, they'd be in trouble. But that's the point!

They might be defended by their agency (though being "in the right" doesn't appear to be a pre-requisite for that anyway). But they would/could still be subject to lawsuit after lawsuit, which hardly suits the intended goal of government, does it?

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#346
post #49

Earlier quoted context omitted.

Two separate things. Qualified immunity is just immunity from individual liability afforded to government agents when conducting government business, as long as they are conducting it properly.

Except the whole "as long as they are conducting it properly" part isn't actually true.

It might be true, it might not. Probably more useful to say "as long as they are conducting it properly" seems to have little impact on any of cases in which such immunity has been an issue.

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#347

Saying that there is “no legal requirement to show an ID” is truthy but misleading. Federal law gives the TSA authority over “screening” passengers: https://www.law.cornell.edu/uscode/text/49/44901 (“The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that…

> doesn't matter that Congress didn't specifically require... Actually it does matter. Chevron deference is gone. If Congress didn't specifically approve this method, it's not legal

To be fair, that's not exactly what Loper Bright says. It holds that the courts should read the statute independently and not assume that Agency rules or procedures are prima facie controlling where the statute is ambiguous.

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#348
post #271

Earlier quoted context omitted.

At least currently the images are never seen by a person and are deleted after ATR.

You'll need to add a /s, else most here won't realize you're being sarcastic. You are, right?

"Fool me twice...can't get fooled again"

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#349

Earlier quoted context omitted.

> The ill that it's supposed to address is people hassling government officials who are just doing their jobs. How? If they're doing their jobs, then they are in the right and would be defended by their agency. If they are doing something illegal, they'd be in trouble. But that's the point!

They might be defended by their agency (though being "in the right" doesn't appear to be a pre-requisite for that anyway). But they would/could still be subject to lawsuit after lawsuit, which hardly suits the intended goal of government, does it?

Make the losing side pay attorney fees. (This is a general fix for a lot of issues in the legal system.)

Re: The TSA's New $45 Fee to Fly Without ID Is Illegal

#350

Earlier quoted context omitted.

> So it was never about security at all then, was it? Never was. I flew every other week prior to covid and haven't once been through the scanners. For the first ~6 years, I opted out and got pat down over and over again. Then I realized I could even skip that. Now at the checkpoint, I stand at the metal detector. When they wave me to the scanner, I say "I can't raise my arms over my head." They wave me through the m…

Nice trick. I always opted out of the scanners, dozens of times, and just got used to bantering with guys while they were patting my balls.

I did that for a long time. My favorite part is when they say "Do you have any sore or sensitive areas?"

I always say "my penis" and they say "uh.. well.. I'm not going to touch that"

Me: "When you slide your hand up until you meet resistance? That resistance is my penis. You're going to touch my penis and it's a sensitive area."

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