Basic Hypo for 9 April

Continuing the TSA shoe-removal rule hypothetical from 7 April:

 

For TSA:

Consider what supporting facts and legal and policy propositions you would offer in support of the rule in the final rule preamble, and in an NPRM.

Recall that the Administrator offered two bases for his decision to adopt the rule: (1) his long experience as a manager of airport security for airlines and airports, and (2) his personal observation, with stopwatch in hand, of security check points which (a) required all passengers to remove their shoes before passing through the screening device and which (b) only required those passengers setting off the alarm to remove their shoes.

For challengers:

Consider what challenges you would make to likely elements of support proffered by TSA. Be clear about what relief you would seek, including what instructions if the court remands for further agency activity.