Targeted Justice, Incorporated, et al. v. Merrick B. Garland, Attorney General, et al.

The No-Fly and Selectee lists of the Terrorist Screening Database (TSDB) known as “handling codes 1 and 2” make up the terrorism watchlist that contains the names of alleged “known and suspected terrorists.” There are two additional subcategories within the TSDB, handling codes 3 and 4, that contain the identities of hundreds of thousands of U.S. citizens labeled as “suspected terrorists” despite respondents’ acknowledgment that they do not pose a threat to national security. Without due process or redress mechanism for removal therefrom, individuals who do not meet the “reasonable suspicion” terrorist criteria are permanently placed on these subcategories. Petitioners sought Declaratory Judgment and Injunctive Relief, challenging their inclusion on the TSDB, requesting the court to order the removal of their names therefrom. The district court dismissed with prejudice the complaint for lack of subject matter jurisdiction, The court of appeals affirmed. THE QUESTION PRESENTED IS: Whether this Court’s holding in Fed. Bureau of Investigation v. Fikre warrants reversal of the court of appeals’ decision affirming the district court’s dismissal with prejudice, for lack of subject matter jurisdiction, deeming “fantastical” and “frivolous” Petitioners’ complaint challenging respondents’ unlawful practice of permanently placing them and hundreds of thousands of U.S. citizens who the government admits do not meet the “reasonable suspicion” terrorist criteria and do not represent a threat to national security or aviation, on the TSDB’s handling codes 3 and 4 devoid of any substantive or procedural due process or redress mechanism to be removed therefrom.