KOVAC v. WRAY

No. 23-10284.

109 F.4th 331 (2024)

Adis KOVAC; Bashar Aljame; Abraham Sbyti; Suhaib Allababidi; Fadumo Warsame, Plaintiffs-Appellants, v. Christopher WRAY, Director of the Federal Bureau of Investigation, in his official capacity; Charles H. Kable, Director of the Terrorist Screening Center, in his official capacity; Deborah Moore, Director, Transportation Security Redress (OTSR), in her official capacity; Nicholas Rasmussen, Director of the National Counterterrorism Center, in his official capacity; David P. Pekoske, Administrator Transportation Security Administration (TSA), in his official capacity; Kevin K. McAleenan, Acting Commissioner United States Customs and Border Protection, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As revised July 25, 2024.


Attorney(s) appearing for the Case

Lena F. Masri, Gadeir Ibrahim Abbas, Justin Sadowsky, Council on American-Islamic Relations, Washington, DC, Hannah Mullen (argued), Washington Lawyers' Committee on Civil Rights and Urban Affairs, Washington, DC, for Plaintiffs-Appellants.

Joshua Paul Waldman, Esq., Attorney (argued), U.S. Department of Justice, Civil Rights Division, Washington, DC, Christopher Robert Healy, Esq., U.S. Department of Justice, Civil Division, Washington, DC, Sharon Swingle, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Before Barksdale, Southwick, and Graves, Circuit Judges.


The Plaintiffs are a group of American citizens who complain they are subject to enhanced screening measures at airport security because they have been placed on a "terrorist watchlist." They sued the heads of various federal agencies connected to the watchlist, asserting numerous constitutional and statutory...

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