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>> It's one of the rights guaranteed by the constitution.

Again, not trying to be pedantic, but this is another major point of contention in Constitutional law - how broad of a scope do each of the Constitutional named rights have? The 9th Amendment implies that it is extremely broad, as it explicitly reserves non-enumerated rights as falling under the Constitution.

DISCLAIMER: just to head things off, I bring up Roe v. Wade not because of the topic of the case, but because the general opinion on the ruling's use of the 9th Amendment is pretty consistent (and there are numerous subsequent cases that deal almost solely with this). There are many who agree with the outcome but have major reservations with the potential repercussions of the legal reasoning.

However, you can just look at the general consensus on Roe v. Wade to see that it's far from universally accepted that the 9th Amendment is that broad (that the crux of the opinion is very flawed, relying on a very strange and far reaching right of privacy derived from the 14th Amendment and 9th Amendment - neither of which mention privacy. To clarify - on both sides of the Roe v. Wade debate, most will admit the ruling was flawed, and when relying on it as precedent, nearly all judges will also refer to subsequent cases that address the problems with that ruling). So, the Constitution does not guarantee a right to travel (and the way this ruling is phrased suggests that an appeal would bring this as a concern, and in upholding the ruling, a higher court would almost certainly clarify this). A more likely argument (in terms of its strength in Constitutional law) is one that protects a right to travel as a part of the 1st Amendment right to free speech, expression, and assembly (so a negative right granting freedom from unlawful interference in travel by the government).



This case has nothing to do with freedom of speech, it's to do with the Fifth Amendment in the Bill of Rights. And it's not that the plaintiffs were deprived of liberty, it was that they were deprived of liberty without due process of law.

To this the Court has found that there was no due process, therefore the no-fly list - as it stands now - violates the United States Constitution.


That's incorrect if the linked article is correctly quoting the binding portion of the decision. If the decision relies on a right to travel, it's almost certainly going to rely on the 1st Amendment. If what I suspect happened, which is the article quoted dicta addressing issues raised, but not necessary to the ruling, then you are correct, it's entirely a due process issue. The former is highly vulnerable to appeal, the second, drastically less so.




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