...The courts have repeatedly struck down limits on domestic travel over the
past couple hundred years.
In fact, the $45 "fee" is an acknowledgment that you aren't required to have
special documents to travel within the US. Otherwise, they just wouldn't let
you travel.
So instead, they're making more security theater and punishing you if you
don't comply with their demands...
This is just a way to compel compliance and to push the agenda for ID with higher documentary requirements, ultimately to deny the vote.
https://news.ycombinator.com/item?id=46864182
It's absolutely not just enhanced physical screening.
They can't detain you (if you're not otherwise some kind of suspect, and you're not trying to assault them or sprint past security or anything), but they don't let you fly.
I mean, I know you're right, and I know you will always lose if you try, but I don't understand the legal basis.
Cities don't own restaurants either but can fine them and close them if health inspections fail, because there's a law for that.
The legal basis is the federal laws written specifically around airport security.
https://www.govinfo.gov/content/pkg/PLAW-107publ71/html/PLAW...
Whether they can then elect to stay is a different matter, I think.
But so what? How long would a person have to stand in a screening area before someone who properly represents the ownership of that space shows up and authoritatively tells them to GTFO, do you suppose?
You are already free to go that other way (towards the street), but not necessarily free to go the way you want.
The ruse here is to pretend like the property owner is agreeing with TSA because TSA forced them to this agreement by government act. But that is just the government trying to have their cake and eat it by forcing someone to do something and then pretending it is a private act which isn't bound to the constitutional right to not have to answer additional questions.
The government can absolutely pass laws prohibiting you from entering a privately owned location. There is no constitutional right of access to private property.
And more specifically, the commerce clause of the constitution allows the government to regulate air travel, which means regulating airports. The fact that they're privately owned doesn't change anything. If a private airport owner allowed you to proceed through security, they'd be breaking the law.
There's no public access doctrine for airports the way there is for streets or parks.
You clear seem to wish it was otherwise. But it's easy to do the research to understand where the authority comes from and why it's entirely constitutional.
If the difference between access and not having access is relinquishing your civil rights, then the reason for denial is exercising your civil rights. Those are explicitly protected. So while you're right they could make a law that says 'no one on the plane' they cannot make a law that says "everyone on the plane except those who won't give up their 4th or 5th amendment rights not to answer additional questions."
There have been prior SCOTUS cases narrowly allowing asking name, DOB, addresses, as well as inspection of your items during certain inspections, but this is something entirely different beyond that asking further probing questions about your identity.
And that brings us back to the tagline of the article:
The law, as written, is clear: You have the right to fly without ID, without paying a $45 fee, and without answering questions
Those that did had to pay $30-$60 plus fees (actual cost differs by state) to get one and will have to pay that again and again each renewal. This is certainly making money somewhere for somebody and not at all about security
I think New York is one, so well over 10mill people don’t require it. Do you seriously think most of those people are getting one anyway? Guarantee you there are millions of people without it if not tens of millions. I’d put money on it.
So back to the point, we’re talking likely 100’s of millions of dollars. That is nothing to sneeze at. The TSA is an $11bill operation based on a quick search. $500mill (~11mill people) would be 5% of their annual budget.
That's the point. It's not to make money. The primary purpose is to get people to use RealID, and to cover the costs of the extra screening for those who don't. For however much more money they take in, you need to subtract the cost of the additional staff they need to hire and pay to handle it, plus the tech systems.
Also, remember you can just use a passport instead. That hasn't changed.
https://www.cbsnews.com/news/real-id-deadline-weeks-away-mos...
I personally have a hard time believing that a “Real” ID that does not verify citizenship or residency is meaningfully different from my current one. I certainly do not believe there are increased costs associated with my existing ID, that would be alleviated with a Real ID. At no point have I ever heard Real ID exists to reduce costs (though if that’s true, I’d love to read how). IMHO it may not be a “cash grab,” but it’s certainly punitive. And, for what it’s worth, there have been no extra steps I’ve had to take or increased screening when using my existing ID for the past year. Same photo machine, same scanner, as everyone else.
I will personally just renew my passport to avoid the fee until I need to renew my drivers license.
I guess that's because you haven't renewed your driver's license yet?
I did last year, precisely because I had to fly, and had to bring a bunch of new documentation I never needed for my previous driver's licenses, including, yes, multiple proofs of both citizenship and residency, and then had to go through a whole additional process because of a slight name discrepancy between documents that they had to get a supervisor to make a judgment call on. It's a totally different verification process that is actually quite meaningfully different.
https://reason.com/2025/12/31/dhs-says-real-id-which-dhs-cer...
> I personally have a hard time believing that a “Real” ID that does not verify citizenship or residency is meaningfully different from my current one.
You seem to have conveniently forgotten that residency was part of the discussion. DHS hasn't contested REAL ID as a means to verify your identity or your residency. They have contested it as a means to verify your citizenship and they are correct because it was never intended to be proof of citizenship or legal residency status.
You do need to show your residency paperwork or prove citizenship when applying as only lawfully present residents are eligible to receive a REAL ID, but only citizens and permanent residents have indefinite legal status and REAL ID doesn't track your status.
I would argue this is a silly gap, but Congress intentionally did not establish a National ID which you would expect to identify nationality. Instead, they created a system which makes it difficult to create ID in multiple states concurrently or under multiple names.
I would further argue that the database required to make REAL ID work ends up with all of the negatives of a national ID, without the most useful benefits. So really, we all lose.
It's absolutely a totally different and much stricter vetting process from before. Whether you or some other government agency thinks it still doesn't go far enough is a separate question.
Also almost half the population flies annually, so we’re starting around 150mill.
You need numbers at this point. I am willing to bet millions flying don’t have it.
It then goes on to explain that the TSA has reported 93% of traveler's complied with REAL ID, citing a TSA blog from a week prior which in fact states the same.
They then take this and couple it with a single day, which they state was the busiest travel day of the Memorial Day weekend, and extrapolate that 7% of the travelers that day must've failed to provide a REAL ID.
For the sake of conversation, this is a reasonable statement. Going back and using it to suggest 200k fly without it on a typical day is not reasonable, nor is your suggestion that a 6 months later it's still at 7% (or even typical travel volume hasn't changed.) There has to be better data available.
I was curious about this, so I looked up travel volume. YTD the daily average is 2,130,136 passengers. At 7%, this is 149,109.5 passengers or $2.449 B a year in fees. This ignores that you only pay the fee once very 10 days and assumes that all travelers pay the fee on every occurrence.
The point is that lots of people will pay this fee and it will equal a large amount of money and it does nothing of value. It’s just a fee for the fee’s sake. It serves no practical purpose, it’s just punitive. You still get to fly. There’s no safety element, there’s nothing the RealID enables that costs something without it, there is no clear reason here for this.
What is the actual legitimate purpose of this fee that millions will likely pay? Almost half the country flies annually and as of April 2025 20% of travelers didn’t have a RealID. So we’re talking millions of people, some of which will pay it multiple times, per year until full compliance. This is going to net a consequential amount of money and it doesn’t seem like it’s for any purpose other than to generate revenue.
If they have to perform extra work then I'd say it's justified. If it's just a punishment for not getting a real ID I'm not sure if that's fair
Dealing with the presence of travelers who haven't updated their driver's licenses requires a bunch of extra staff to perform the time-consuming additional verifications. The basic idea is for those staff to be paid by the people using them, rather than by taxpayers and air travelers more generally. As well as there being a small deterrent effect.