Just this Tuesday, the U.S. Supreme Court declared in a unanimous decision that the FBI cannot evade a lawsuit concerning an individual’s placement on the ‘No Fly List’ by simply removing him from the list. The court held that the government has been unsuccessful in proving that the case is inconsequential. Accordingly, this ruling lets Yonas Fikre, a U.S. citizen hailing from Sudan, to move forward with his claim for now. Fikre alleges that the FBI infringed on his constitutional right to due process when he was added to the list about eight years ago. He asserts that his positioning on the list left him stranded overseas for four years and led to his torture in the UAE.
In the words of Justice Neil Gorsuch, who wrote for the unanimous court, “Put simply, the government’s sparse declaration falls short of demonstrating that it cannot reasonably be expected to do again in the future what it is alleged to have done in the past.”
For more details, you can access the original article at the National Law Journal here. Please note that the full article is behind a paywall.