On March 10, the U.S. Court of Appeals for the District of Columbia Circuit will hear arguments in a case about whether the use of the body scanners that caused such a scandal last holiday season is constitutional. The Electronic Privacy Information Center (EPIC) filed the suit. Wired reports EPIC's claim that the use of the scanners goes against the Fourth Amendment won't fly in the court.
"I would expect the courts are going to be quite deferential. They don't want it on their hands if a terrorist gets through and causes mass deaths," said Renee Lerner, a George Washington University Law School professor. "This basically falls under a public-safety exemption to a warrant requirement. "