Federal court: TSA's full-body scans are constitutional

The three-judge panel of the U.S. Court of Appeals in Washington, D.C., rejected the first argument, concluding that there was no violation on constitutional grounds. But they agreed on the second point, saying TSA must now go through proper procedures — though the court, significantly, did not order the agency to stop using the machines immediately.

There is an “obvious need for the TSA to continue its airport security operations without interruption,” the judges ruled.

Either side can appeal to the full appeals court or the Supreme Court.

But another, more likely scenario is that TSA, which is part of the Department of Homeland Security, will go through the public comment and rule-making process. The agency’s decision following that process could then become the basis for future lawsuits.