On July 2, 2010, the Electronic Privacy Information Center (EPIC) filed a lawsuit in federal court asking to halt the use of full-body scanners by the TSA on Fourth amendment grounds, and arguing that the TSA had failed to allow a public notice and rulemaking period. In July 2011, the D.C. Circuit court of appeals ruled that the TSA did violate the Administrative Procedure Act by failing to allow a public notice and comment rule-making period. The Court ordered the agency to "promptly" undertake a public notice and comment rulemaking. In July 2012, EPIC returned to court and asked the court to force enforcement; in August, the court granted the request to compel the TSA to explain its actions by the end of the month.ARS Technica - Posted August 2, 2012; Retrieved August 8, 2012, The agency responded on August 30, saying that there was "no basis whatsoever for (The DC Circuit Court's) assertion that TSA has delayed implementing this court's mandate," and said it was awaiting approval from the Department of Homeland Security before the hearings take place. The TSA also said that it was having "staffing issues" regarding the issue, but expects to begin hearings in February 2013. TSA Denies Stonewalling Nude Body-Scanner Court Order. The comment period began on March 25, 2013 TSA to Ask Public About Naked Image Scanners, Pat-downs and closed on June 25, 2013, with over 90% of the comments against the scanners. As of October 2015, no report has been issued.
