It's actually worse than that -- and for the record, I despise the current situation as much as anyone here. What's clear is everything that Mike said, plus the administrative search doctrine, plus the make-up of the appeals court, plus the unwillingness on the part of Congress to do anything about it. The administrative search doctrine plus the make-up of the appeals court is what gives attorneys pause in taking cases. You saw the result that EPIC got - a win on the comments period, but a loss on the merits. And that was a strong case. And this is the way it's going to go in the courts for the foreseeable future. Two things might change that - a favorable ruling by the US Supreme Court, or cases brought using the new definition of rape that get a favorable ruling. If you don't want to rely on the courts there are two things that can make the situation better. 1. Direct activism - something like the occupy movement. Or get everyone to opt out every time so that the works are gummed up so badly they have to get rid of the scanners. Better yet, get everyone to opt out of the scanner AND the pat down. 2. Get Congress to repeal the statute that created TSA. Tough to do, but not impossible. Those are the options. EPIC is probably the best bet.