No. 23-5202

Aaron Abadi, et al. v. Transportation Security Administration

Lower Court: District of Columbia
Docketed: 2023-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law agency-authority air-carrier-access-act congressional-intent covid-19 health-regulations major-questions-doctrine pandemic-response statutory-interpretation transportation-security tsa-authority
Key Terms:
AdministrativeLaw Securities JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did TSA have the authority to mandate nationwide restrictions and mandates with regards to health-related issues

Question Presented (from Petition)

QUESTIONS PRESENTED . 1) The Transportation Security Administration “TSA” was created by Congress after the terrorist attacks on September 11 to protect the American people from SECURITY THREATS, and not for any health-related matters and/or pandemics. Congress chose not to enact a nationwide mask mandate for travel, yet the TSA enacted one. Did TSA have the authority to mandate nationwide restrictions and mandates with regards to health-related issues, that significantly affect almost every American? 2) Congress enacted the Air Carrier Access Act “ACAA” to protect the disabled while traveling by airplane. Can the TSA put the ACAA in abeyance and authorize and instruct airlines to implement policies that are in contrast to the ACAA regulations? Do they have this kind of power?

Docket Entries

2023-10-02
Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition. See 28 U.S.C. §455 and Code of Conduct for U.S. Judges, Canon 3C (prior judicial service).
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-25
Waiver of right of respondent TSA to respond filed.
2023-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Aaron Abadi, et al.
Aaron Abadi — Petitioner
Aaron Abadi — Petitioner
TSA
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent