I just noticed that there has been some activity by EPIC: http://epic.org/2011/10/epic-urges-court-to-end-dhs-de.html I see from reading this that EPIC's request for a rehearing by the DC Appeals Court was denied on September 12. This is the first I have heard of this. I wonder why EPIC did not post an update at the time. In the past, it seemed that they would post updates whether the news was in their favor or against. Does this mean that the only remaining recourse is an appeal to the Supreme Court? Presumably that could proceed independently of EPIC's attempt to force the TSA to conduct the public comment process (?).