Admitting The Terrorism Watchlist Was Unconstitutional Is Important But Not Nearly Enough Opinion
In his decision, Judge Trenga—a Bush appointee—held that the Watchlist was a violation of the due process clause of the Constitution and of the Administrative Procedures Act. He reasoned that the procedures currently available to those on the Watchlist did not provide notice concerning whether a person has been added to or remains on the Watchlist, what criteria is used in adding individuals to the Watchlist, or an opportunity to rebut the evidence upon which the government relied in making that determination....