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As MANDITORY, the agency action is contrary to TSA’s earlier stands before the D. Circuit (Judges) that scans would be optional, and to the ruling in EPIC v DHS, which was in fact the previously mentioned years-long battle over TSA security policies, according to Marc Rotenberg. its actual, factual practice holds that the scan is required only “if warranted by security considerations.” Nevertheless, even that “limited” application is against the judge's ruling and hence, against the law. DHS decision requires that TSA always give passengers the option whether to choose a body scan or a pat-down known in the vernacular as a "grope".

No exception is even allowed as TSA is insisting, in EPIC v. Not only that but there are some reports that the TSA is randomly requiring body scans, seemingly without apparent security concerns.

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****************************************************************************************************************************************** A lawsuit petitioner, known as "Sai" filed his reply to TSA’s opposition, contesting TSA’s arguments that the petition should fail on Constitutional grounds and/or because Sai "lacks standing." As the court clerks were unable to inform Sai when a decision might issue, until then, he is "twisting in the wind." ****************************************************************************************************************************************** The word,"sai" ordinarily refers to a traditional Okinawan martial arts weapon.