JJM, Gabe is on target as usual. It would be nice if, after eight years, the ACLU could explain how exactly a Nigerian national boarding an aircraft in Nigeria, or Amsterdam, has an American “constitutional right to freedom from unreasonable search and seizure and to due process of law.” Even when the Constitution does apply, moreover, the Fourth Amendment bars only unreasonable searches, and due process is merely the process that is due under the circumstances — so: How are anybody’s rights violated by stepped up security measures during wartime when we know, after several incidents, the enemy’s strategy includes both attacking aircraft and using planes as weapons?
I’m not making an argument for stupid security measures — e.g., waving wands over 80-year-old nuns so you can justify patting down the Flying Imams. But no-fly lists for terror suspects are eminently sensible, and “stupid,” in any event, is not unconstitutional.