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The Justice Department declined to provide an opposing view. Excerpts from the department's brief in the legal challenge to the no-fly list:

Individuals are placed on the no-fly list only when available evidence supports their inclusion.

To ensure that inclusions on the no-fly list are based on appropriate information, all nominations are reviewed and must be approved by experts at the Terrorist Screening Center.

OUR VIEW: No-fly list grounds citizens' due process

The quality control measures implemented by the government continue following an individual's placement on the no-fly list. Pursuant to a mandate that the watch list be based on "thorough, accurate and current information," the government conducts periodic reviews and audits.

These reviews are especially frequent and thorough for the small fraction of records concerning U.S. citizens or lawful permanent residents.

The government also provides a vigorous administrative redress process.

This process allows the government to correct misidentifications. If, after conducting its review, TSC determines that an individual was misidentified, the government can address the misidentification by correcting the traveler's record or taking other appropriate action.

Considered in its entirety, the watch-listing process includes ample safeguards and protections to diminish the risks that an individual will erroneously be included on the no-fly list.

(Giving people) notice of their alleged inclusion on the no-fly list and the substantive reasons for such inclusion would cause significant harm to the government's interests in national security and are not required to satisfy the constitutional guarantee of due process.

The no-fly list serves these security interests; it is one of the best tools for ensuring safe air travel and disrupting terrorist attacks because it allows the government to identify individuals who may pose a threat to transportation security and prevent them from boarding an aircraft.

The serious national security concerns at issue in this case tip the balancing of due process factors in the government's favor. In establishing and refining the watch-listing system, the government has carefully considered how to ensure that intelligence information is used effectively to include appropriate individuals on the no-fly list without jeopardizing the necessary secrecy of such information.

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