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Keywords

plaintiffsummary judgmentdue process

plaintiffdue processjudicial review

Related Cases

Elhady v. Kable

Facts

The plaintiffs, twenty-three individuals, alleged they were included in the TSDB and experienced delays and inconveniences while traveling through airports and at the border. They claimed that the TSDB program violated their due process rights by lacking sufficient procedural safeguards. The government maintains the TSDB to screen travelers for national security purposes, and the plaintiffs argued that their inclusion in the database led to significant travel-related burdens and reputational harm.

The plaintiffs, twenty-three individuals who allege they are in the TSDB, object to the delays and inconveniences they have experienced in airports and at the border. They allege the TSDB program violates the Fifth Amendment's Due Process Clause by failing to include more procedural safeguards.

Issue

Did the plaintiffs possess a protected liberty interest in being free from screening and delays at the border or in airports, and did the TSDB program violate the Fifth Amendment's Due Process Clause?

Rule

Procedural due process claims require showing that the government violated constitutionally protected liberty interests, and the government has the authority to regulate travel and control the border.

Procedural due process claims require showing that the government violated constitutionally protected liberty interests. Plaintiffs cannot meet that burden. The [**4] government has had authority to regulate travel and control the border since the beginning of the nation. Indeed, this authority is a core attribute of sovereignty.

Analysis

The court applied the rule by determining that the plaintiffs could not demonstrate a protected liberty interest in being free from the inconveniences associated with the TSDB. The court noted that the government had not publicly disclosed the plaintiffs' TSDB status, and the delays experienced did not constitute a significant infringement of their rights. The court emphasized that the plaintiffs' claims were based on generalized inconveniences rather than specific legal rights that had been violated.

The delays and burdens experienced by plaintiffs at the border and in airports, although regrettable, do not mandate a complete overhaul of the TSDB. This by no means places the TSDB program above the law. Individual applications of the program may run afoul of recognized legal prohibitions and thus remain subject to judicial review. But any wholesale reworking or significant modification of the program rests within the purview of the democratic branches.

Conclusion

The court concluded that the district court erred in granting summary judgment to the plaintiffs and reversed the decision, remanding the case for further proceedings.

We therefore reverse the district court's conclusion to the contrary and remand with [**5] instructions to enter judgment in favor of the government.

Who won?

The government prevailed in the case because the court found that the plaintiffs did not have a protected liberty interest and that the TSDB program was a necessary measure for national security.

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