Rogue agency that doesn't comply with the law

On July 18, The Washington Times ran an editorial⁷ about the TSA's defiance of the courts. Remember, it's been over a year since the D.C. Circuit court ruled the TSA had to "promptly" comply with the Administrative Procedure Act, which requires public hearings and a 90-day public comment period. In a November 9, 2011 affidavit, TSA acting general manager James Clarkson responded that "While TSA has prioritized the rulemaking directed by the Opinion, TSA has many important rulemakings in progress, many of them required by statute," essentially telling the court and the rest of us that they're too busy to address it.

On July 17, 2012, EPIC again asked the D.C. Circuit court of appeals to compel the agency to comply with the law, and the court has now demanded the TSA respond by August 30.

"It's a widely held belief that the agency's hasty embrace of expensive, X-rated x-ray machines has more to do with closed-door lobbying efforts of manufacturers than a deliberate consideration of the devices' merits," The Washington Times states.⁸

"The last thing TSA wants is the public-relations disaster of having to collect and publish the horror tales from Americans subjected to humiliation from the nude photography and intrusive 'pat-down' groping sessions. Scanner manufacturer Rapidscan Systems, which has invested $2.2 million in wining and dining administration officials and lawmakers since 2007, probably isn't keen on broader public discussion either."