[no-s]

This would be a straw dog. What matters is what the gov't presented in the open court as the reason - if it had been one of those then we would know the pretext for the authority...oh wait, it was in secret session.

So we don't know the reason, you are guessing one of your cites might apply. Of course then Mr. Gilmore would be free to question whether the gov't has the authority asserted. Did you check your Constitution lately? When was it amended to allow a police state?

The fact of the war on terror not being a declared war (tho I have argued otherwise) has implications, mainly that the gov't may not assert authority on the grounds it is wartime.

[Smartaleck]

"This would be a straw dog."

It comes down to this. Does the Fed. Gov't have the Constitutional authority to regulate airlines?