Gilmore v. Gonzales
Encyclopedia
Gilmore v. Gonzales, 435 F.3d 1125 (9th Cir. 2006), was a lawsuit filed by John Gilmore against various United States
executive
and independent
agencies and departments, and United Airlines
. Gilmore claimed that being required to show identification
in order to travel by plane inside the country is an unconstitutional
restriction of his rights to travel, to petition government, and to speak anonymously. Gilmore also complained about being subject to "secret law
," when the airlines and government refused to show the directive under which they were requesting ID.
The district court and Ninth Circuit Court of Appeals sided against Gilmore, holding there was no constitutional violation because air passengers could still travel without identification if they instead underwent the more stringent "secondary screening" search. While the court saw the Security Directive in camera
, the public still has not been permitted to see the text.
Gilmore petitioned for certiorari
to the U.S. Supreme Court, but in January 2007 the court declined to hear the case. As a result, the case is precedent for the Court of Appeals for the Ninth Circuit
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
executive
United States Federal Executive Departments
The United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789.Federal executive...
and independent
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
agencies and departments, and United Airlines
United Airlines
United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees (which includes the entire holding company United Continental...
. Gilmore claimed that being required to show identification
Identity document
An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card...
in order to travel by plane inside the country is an unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
restriction of his rights to travel, to petition government, and to speak anonymously. Gilmore also complained about being subject to "secret law
Secret law
A secret law is a binding statute, regulation, policy, or directive that, for one reason or another, has been kept secret from the persons to whom it applies. Such laws were common in the Soviet Union and Eastern Bloc countries...
," when the airlines and government refused to show the directive under which they were requesting ID.
The district court and Ninth Circuit Court of Appeals sided against Gilmore, holding there was no constitutional violation because air passengers could still travel without identification if they instead underwent the more stringent "secondary screening" search. While the court saw the Security Directive in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
, the public still has not been permitted to see the text.
Gilmore petitioned for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to the U.S. Supreme Court, but in January 2007 the court declined to hear the case. As a result, the case is precedent for the Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
.
External links
- Gilmore v. Gonzales at PapersPlease.org
- Justices won't intervene in terror case, CNN, January 8, 2007
- Text of the 9th Circuit decision from the court's web site
- Supreme Court Order Denying Certiorari, Order List 549 US, January 8, 2007, p. 3.
- Gilmore v. Ashcroft -- FAA ID challenge FAQ, by John Gilmore, 2002