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SOUTHWEST AIRLINES v. TRANSPORTATION SEC. ADMIN.

Nos. 10-1227, 10-1228, 10-1229, 10-1230, 10-1231, 10-1232, 10-1236, 10-1237, 10-1238, 10-1240, 10-1241, 10-1242, 10-1243, 10-1244, 10-1246, 10-1247, 10-1248, 10-1249, 10-1250.

650 F.3d 752 (2011)

SOUTHWEST AIRLINES CO., et al, Petitioners v. TRANSPORTATION SECURITY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2011.

Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause for petitioners. With him on the briefs were Robert W. Kneisley , Carl B. Nelson, Jr. , Bruce H. Rabinovitz , Jonathan B. Hill , J. Parker Erkmann , Robert E. Cohn , Patrick R. Rizzi , Lorraine B. Halloway , Lester M. Bridgeman , Thomas Newton Bolling , Richard Mathias , and David Endersbee.   Christopher T. Handman entered an appearance.

Jeffrey Clair , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, and Scott R. McIntosh , Attorney.

Dissenting opinion filed by Circuit Judge BROWN.

KAVANAUGH, Circuit Judge:

Until 2001, commercial airlines were responsible for screening people and property at U.S. airports. That changed after al Qaeda terrorists boarded airplanes in Boston, Newark, and Washington, D.C., and attacked the United States on September 11, 2001. Congress created the Transportation Security Administration and directed it to take responsibility for airport screening. TSA's screening operations are funded, in part, by fees that the agency...

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