John GILMORE, Plaintiff-Appellant,
v.
Alberto R. GONZALES, in his official capacity as Attorney General of the United States; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation; Norman Mineta, in his official capacity as Secretary of Transportation; Michael Chertoff, in his official capacity as Secretary of the Department of Homeland Security; UAL Corporation, aka United Airlines; Southwest Airlines; Marion C. Blakely, in her official capacity as Administrator of the Federal Aviation Administration; Kip Hawley, in his official capacity as Director of the Transportation Security Administration, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 8, 2005.
Filed January 26, 2006.
Attorney(s) appearing for the Case
William M. Simpich, Oakland, CA; James P. Harrison, Sacramento, CA, for the plaintiff-appellant.
James P. Rathvon, Piper Rudnick LLP, Washington, D.C.; Jane H. Barrett, Piper Rudnick LLP, Los Angeles, CA, for the defendant-appellee Southwest Airlines Co.
Peter D. Keisler, Assistant Attorney General; Kevin V. Ryan, United States Attorney; Douglas N. Letter and Joshua Waldman, Department of Justice, Washington, D.C., for defendants-appellees Alberto R. Gonzales, Attorney General, et al.
Lee Tien and Kurt Opsahl, San Francisco, CA, for amicus Electronic Frontier Foundation.
Marc Rotenberg and Marcia Hofmann, Washington, D.C., for amicus Electronic Privacy Information Center.
Deborah Pierce and Linda Ackerman, San Francisco, CA; Rachel Meeropol, New York, NY, for amici The Center for Constitutional Rights and Privacy Activism.
Reginald T. Shuford and Catherine Y. Kim, New York, NY; Aaron Caplan, Michael E. Kipling, Summit Law Group, Seattle, WA, for amici American Civil Liberties Union Foundation and American Civil Liberties Union for Washington.
Before STEPHEN S. TROTT, THOMAS G. NELSON, and RICHARD A. PAEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
PAEZ, Circuit Judge.
John Gilmore ("Gilmore") sued Southwest Airlines and the United States Attorney General, Alberto R. Gonzales, among other defendants,1 alleging that the enactment and enforcement of the Government's civilian airline passenger identification policy is unconstitutional. The identification policy requires airline passengers to present identification to airline personnel before boarding or be subjected to a search that...
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