Orin Kerr writes:
The new airport screening measures involving millimeter wave technology and backscatter technology — together with the opt-out of a pat-down — have received a great deal of public attention. Back when the new measures were first widely introduced, I blogged about why a Fourth Amendment challenge to the new practices was an uphill battle. Today, the DC Circuit handed down an opinion in EPIC v. Department of Homeland Security holding that the new practices comply with the Fourth Amendment.
For its part, EPIC has a more optimistic headline, Federal Appeals Court: TSA Violated Federal Law, Must Take Public Comment on Body Scanners.