Boniface v. United States Department of Homeland Security ( 2010 )

GINSBURG, Circuit Judge,

concurring:

The Court cannot say whether Boniface is entitled to a waiver of the TSA’s regulation deeming him a security risk; that is for the agency to determine. I can say, however, that he was entitled to an administrative process that was not riddled with errors. The Keystone Kops might have done a better job than did the TSA in this case. Instead of sending Government counsel into battle to defend the indefensible, the agency should have long ago confessed error, apologized to the appellant, and tried to do right by him.