But the U.S. Court of Appeals for the District of Columbia Circuit’s decision on July 15, 2011, also ordered the Transportation Security Administration “to act promptly” and hold public hearings and publicly adopt rules and regulations about the scanners’ use, which it has not done.
The three-judge appellate court, which is one stop from the Supreme Court, said that the Transportation Security Administration breached federal law in 2009 when it formally adopted the Advanced Imaging Technology (AIT) scanners as the “primary” method of screening. The judges — while allowing the scanners to be used — said the TSA violated the Administrative Procedures Act for failing to have a 90-day public comment period, and ordered the agency to undertake one.
A year later, the government has yet to hold those hearings. And the appellate court has twice denied motions from the Electronic Privacy Information Center, which brought the case, to order the TSA to get going.