. >>> let's turn to jeffrey goldberg, who has been writing extensively on this. thank you for your time. >> thank you. >>> let's start with something to lighten up the mood. national opt-out day and the kilt. would you explain that, please? >> i recommended that people wear kilts to the airport on opt-out day. both because it is a festive holiday and also because one of the goals of people who object to these porn machines is to convince tsa employees to go to their supervisors and say, look, we don't want to do this. we don't want to do these aggressive pat-downs. i was joking but only really half joking. i thought kilts would expedite that process. >> what does opt-out day accomplish other than slowing the process down and potentially skewing up travel for all the people that just want to get there before thanksgiving? >> for me, every day is opt-out day. i don't want to participate in the machinery. i don't want to go through the porn machine. i object to the humiliating pose that you have to take, the pose of someone being mugged while you stand in that machi

to the pat-down, the point would still be made to the tsa, variations are being proposed from jeffrey goldberg atlantic," for example, urging men to wear kilts. possibly with commando style. others urge passengers to strip down to their underwear before entering the security line. that also according to "the new york times." let's bring in as promised, professor of law at georgetown university, mark wrotenberg. thank you for your time tonight. >> nice to see you. >> does this lawsuit become stronger because of the evidence that these scanners don't really accomplish what they're supposedly accomplishing? >> absolutely. the critical question that a court will have to ask is whether the search is reasonable. we argued originally that it was uniquely invasive and unnecessary. but we've since learned that it's also not reccive because it does not detect materials in body cavities. it does not detect powdered explosives. it really does not work. we think when the court gets the opportunity to do the analysis, they'll conclude it's just not reasonable. the tsa has crossed a line here. >> how does th