Justice Department threatens to cancel flights to Texas
Last week, Texas lawmakers were forced to back away from a bill that would have outlawed airport pat-downs after the U.S. attorney general’s office threatened to cancel flights to Texas; the Texas House passed a bill that would have made it illegal for Transportation Security Administration (TSA) agents from conducting thorough pat downs at airport security checkpoints unless they had probable cause; the U.S. attorney general said that the law would be unconstitutional, and if passed, TSA would be forced to cancel flights to Texas
The Texas House passed a bill that would have made it illegal for Transportation Security Administration (TSA) agents from conducting thorough pat downs at airport security checkpoints unless they had probable cause.
In addition, if TSA agents conducted pat downs they would be charged with a misdemeanor, face a $4,000 fine, and one year in jail.
In response to the House bill, John Murphy, the U.S. district attorney for Western Texas, sent a letter on 24 May to state senators warned that the bill was unconstitutional andpassing it would result in legal problems.
In his letter, Murphy wrote,”This office, as well as the Southern, Northern and Eastern District of Texas United States Attorneys, would like to advise you of the significant legal and practical problems that will be created if this bill becomes law.”
“If HR 1937 were enacted, the federal government would likely seek an emergency stay of the statute,” he continued. “Unless or until such a stay were granted, TSA would likely be required to cancel any flight or a series of flights for which it could not ensure the safety of the passengers and crew.”
The bill’s sponsor, Representative David Simpson (R), shot back at TSA and the Department of Justice, stating that Murphy’s letter was “a brazen show of disregard for the dignity and the constitutional rights of American citizens.”
He added, “The federal government showed its willingness to bully the State of Texas if attempts to protect passengers from being forced to give up constitutional rights are not dropped.”
“Instead of threatening to shut down flights in Texas, why doesn’t the TSA just show us their statutory authority to grope or ogle our private parts,” he asked.
