Supreme Court Rules Against Government in ‘No Fly List’ Complaint

The government took one on the chin courtesy of the Supreme Court this week.

On Tuesday, the court released a ruling in a case brought by Yonas Fikre, a U.S. citizen who formally resided in Sudan.

The court ruled that the government failed to show that Fikre’s case was moot and that his placement on the no-fly list was unjust.

Prove Your Case

When Fikre was placed on the no-fly list, he sued the FBI to have his name removed from the list.

Eventually, the government did remove his name, as well as stating that it was unlikely that he would added to the list in the future.

As such, the government stated that his lawsuit was moot and should be dismissed.

The government added that not declaring such a lawsuit moot could result in the government being forced to disclose classified information.

The Supreme Court rejected the idea, allowing the suit to move ahead.

In the ruling, Justice Gorsuch wrote, “Necessarily, our judgment is a provisional one.

“Just because the government has not yet demonstrated that Mr. Fikre’s case is moot does not mean it will never be able to do so.

“This case comes to us in a preliminary posture, framed only by uncontested factual allegations and a terse declaration.

“As the case unfolds, the complaint’s allegations will be tested rather than taken as true, and different facts may emerge that may call for a different conclusion.”

According to Fikre, he traveled to Sudan to expand his business, hoping to further develop it in East Africa.

The FBI called him in and questioned him, pressing Fikre to be an FBI informant, and in exchange, his name would be removed from the no-fly list.

He refused the offer, then moved to the UAE, where he claims he was abducted and tortured by the secret police at the behest of the FBI.

After leaving the UAE, he went to Sweden to seek asylum. While his asylum claim was denied, Sweden flew him back to the United States via private jet.