After U.S. District Judge Susan Richards dismissed former Minnesota Governor Jesse Ventura’s lawsuit against the TSA’s unreasonable and unwarranted searches Ventura made a vow to spend less time in the “Fascist States of America” and more time in Mexico.
A federal judge Thursday tossed out former Minnesota Gov. Jesse Ventura’s lawsuit that argued body searches at airports violated his right against unreasonable and unwarranted searches.
In her dismissal, U.S. District Judge Susan Richard Nelson didn’t address the merits of Ventura’s suit, but rather said she lacked jurisdiction to hear the case.
She wrote that Ventura was challenging a Transportation Security Administration order and that the law says such directives can be challenged only in a federal court of appeals…
The government had asked Nelson to dismiss the suit, arguing that TSA orders can be challenged only in a federal appeals court. But Ventura argued that the enhanced searches weren’t orders, but rather a secret “standard operating procedure.”
In her order, Nelson acknowledged that TSA’s directive was considered secret “for reasons of national security” and that “neither Governor Ventura nor this court have been privy to the details of the enhanced screening process or the standard operating procedure.”
Nelson ruled that her court wasn’t the proper venue to hear the case. She wrote that other courts “uniformly hold that all challenges to TSA orders, policies and procedures must be brought in the Circuit Court of Appeals….The government’s motion to dismiss is therefore granted.”
While I think Ventura is going overboard with his reaction to his case being thrown out he has a valid point with America’s court system. I am no expert on the matter, but it seems today (since the early 1900s really) that the courts look more to precedent to uphold federal statues and policy standards than to the Constitution. How long do you think this policy would have stood during the days of Washington, Adams, and Jefferson? Their experience with unreasonable and warrantless searches and seizures is why that specific protection was put in the Bill of Rights. Hopefully once Ventura’s anger and disgust with the federal court system settles it will motivate him to take his case to whatever court does have jurisdiction instead of moving to Mexico.