Why not? "Adherence to the Court Decision in EPIC v. DHS"

This is the next part in our continuing series of posts about public response to the TSAs naked scanners rules:

Commenters also discussed the court’s decision in EPIC v. DHS. Several individual commenters specifically supported EPIC’s position that AIT scanners are invasive of individual privacy. Another individual commenter opposed the court’s decision to allow TSA to continue use of AIT [Advanced Imaging Technology]. A privacy advocacy group wrote that the NPRM [Notice of Proposed Rulemaking] incorrectly stated the holding of the case. A privacy advocacy group and many individual commenters pointed out the length of time that elapsed between the court decision and the issuance of the NPRM. A privacy advocacy group stated that it filed three mandamus petitions during the elapsed 2-year period. An advocacy group stated that the constitutional issue raised by EPIC was not ripe for decision because the court did not have a rulemaking record before it and speculated that the court might invalidate its holding regarding the Fourth Amendment in a future judicial review of this rulemaking.