Respondents state at the outset that “Since September 11, terrorist threats to
air travel have continued to rise” and that “threats to aviation security constantly
change and become more sophisticated.” Pet. Br. at 3. But neither statement, on
close inspection, is true. The events on September 11, 2001 were horrific and
resulted in the deaths of almost 3,000 people. Since that day, not a single person
has died or been injured as a result of a terrorist threat to commercial air travel in
the United States. Moreover, prior to September 11, 2001 aircraft were hijacked at
a rate of approximately one dozen per year and passengers were killed by those
who seized control of planes.
The second statement is equally false. The attack on September 11 required
the coordinated efforts of twenty trained individuals, supported by an elaborate
network, operating over a two-year period, leading to the commandeering of four
commercial aircraft in US airspace. See generally National Commission on
Terrorist Acts Upon the United States, The 9/11 Commission Report. New York:
W.W. Norton & Company, 2004. The September 11 attack was absolutely
unprecedented and to describe recent efforts by a few individuals to conceal small
amounts of explosive material in shoes and underwear as “more sophisticated” is
to render words without meaning.