Two Harvard 2Ls Sue Over Airport Searches; Law Prof Doubts Success
Yet another lawsuit has been filed that challenges airport full-body scans and pat downs, this time by two Harvard law students.
The suit was filed by 2Ls Jeffrey Redfern and Anant Pradhan, according to the Harvard Law Record. Redfern told the publication that he became interested in a lawsuit when he first heard about the searches in November. He and Pradhan flew out of Boston’s Logan airport that same month, and they both refused to go through the full-body scanners. As a result, they were subjected to pat-down searches.
Explained Pradhan, “We were protecting justiciability grounds so we wouldn’t get kicked on standing or ripeness or mootness.”
At least one Harvard law professor isn’t so sure of their success. “I’m glad that our students are learning how to be lawyers, but I wouldn’t bet on their winning this lawsuit,” constitutional law professor Mark Tushnet told the Harvard Law Record in an e-mail. “It might survive a motion to dismiss, but once the TSA puts forward something about the technology and the threats it’s dealing with, the lawsuit’s chances will drop precipitously.”
George Washington University law professor Orin Kerr also had doubts, saying the suit is likely to be an uphill battle. “From a litigation standpoint,” he said in an e-mail to the Harvard Law Record, “are Harvard Law students likely to be the most sympathetic plaintiffs?”
Prior coverage:
ABAJournal.com: “Colo. Lawyer Sues Over ‘Disgusting’ Airport Pat Downs”
