Saturday, June 4, 2011

TSA Pat Down Ban Bill may be Back in Texas Special Session

As the Texas legislature was winding down its regular session recently, a bill that would make intrusive TSA pat downs a misdemeanor, the state Senate lost its backbone when the Obama-led TSA threatened to make Texas a no-fly zone if the bill passed and was signed into law. Interestingly, through the fault of no one but one Democratic state senator named Wendy Davis (D-Fort Worth), Governor Perry had to call a special session that will last thirty days. Davis filibustered a bill that could not be left unresolved.

The rub is that any legislation can be put on the agenda by Perry in a special session - unlike a regular session. Moreover, super majorities are not necessary, only simple ones, to pass legislation. In addition to the 'sanctuary cities' bill (HB 9) possibly ending up on the agenda - if Perry lives up to his word - the TSA pat down bill may very well end up there as well.

Via The Hill:
Texas lawmakers may reconsider a bill to outlaw controversial airport pat-downs, the sponsor of legislation that was shelved recently said this week.

Texas state Rep. David Simpson (R) said that Texas Lt. Gov. David Dewhurst reportedly asked Gov. Rick Perry to include the measure in a special session of the Texas legislature. Dewhurst reported asked lawmakers to withdraw the bill when federal officials threatened to cancel flights to Texas if it passed.

But he has since had a change of heart, Simpson told fans on his Facebook page.

"The Lt. Gov. sent a letter to Gov. Perry asking him to include the TSA bill HB 1937 in the special session!," Simpson wrote on the website. "Please call the Governor and tell him you agree with Lt. Gov. Dewhurst!"

The measure would make it a misdemeanor for TSA agents would have been to pat down travelers who did not have probable cause for suspicion. The penalty would be a $4,000 fine and one year in jail.
Of all things, the TSA Blog cited Article VI. Clause 2 of the United States Constitution (the Supremacy clause) for why Texas has no right to enact such laws, which states that the Constitution is to be the 'supreme law of the land' and that state judges must adhere to it.

Isn't that what Oklahoma did when it voted not to enforce sharia law? The judge put a permanent hold on that law. You'd think the feds would want to lean on that judge instead of on Texas.

As for the TSA pat downs, here is a woman in an Arizona airport over the Memorial Day weekend, screaming for police while saying she had just been molested by an agent.

Via GWP:



h/t Barrackaid 13

No comments:

Post a Comment