SOUTHWEST AIRLINES CO., Petitioner
v.
TRANSPORTATION SECURITY ADMINISTRATION, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 6, 2008.
Decided February 3, 2009.
Attorney(s) appearing for the Case
M. Roy Goldberg argued the cause for petitioners. With him on the joint briefs were Robert W. Kneisley, Carl B. Nelson Jr., Bruce H. Rabinovitz, Neil J. King, Jonathan B. Hill, David J.A. Hayes III, Robert E. Cohn, Patrick F. Philbin, Gregory L. Skidmore, Charles F. Donley, Edward W. Sauer, Lorraine B. Halloway, Charles C. Lemley, Thomas M. Messner, Lester M. Bridgeman, Richard D. Mathias, and David Endersbee. Michael D. Shumsky entered an appearance.
Jay P. Lefkowitz, Patrick F. Philbin, and Gregory L. Skidmore were on the briefs for petitioner Northwest Airlines.
Carl B. Nelson Jr. was on the briefs for petitioner American Airlines, Inc.
Charles C. Lemley and Thomas M. Messner were on the briefs for petitioner Spirit Airlines, Inc.
David A. Berg, Michael S. Sundermyer, and Richard A. Olderman were on the brief for amicus curiae Air Transport Association of America in support of petitioners and seeking reversal.
Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Scott R. McIntosh, Attorney.
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
United States Court of Appeals, District of Columbia Circuit.
WILLIAMS, Senior Circuit Judge:
Before the terrorist attacks of September 11, 2001, commercial airlines exercised responsibility for screening passengers and property at U.S. airports. Shortly after the attacks, Congress passed the Aviation and Transportation Security Act ("ATSA"), Pub.L. No. 107-71, 115 Stat. 625 (2001), establishing the Transportation Security Administration ("TSA") and entrusting it with the primary responsibility for civil aviation security. 49...
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