From EPIC.org:
EPIC has filed a lawsuit challenging the Transportation Security Administration’s regulation for airport body scanners. The TSA announcement came nearly five years after a federal appeals court orderedthe agency to “promptly” solicit public comments on the controversial screening procedure. Public comments overwhelmingly favored less invasive security screenings. But the TSA decided it may now mandate body scanners at US airports. In 2011, EPIC challenged the intrusive and ineffective TSA screening procedure. EPIC’s new lawsuit challenges the regulation because it “denies passengers the right to opt out” of body scanner screening. EPIC also challenged the effectiveness of airport body scanners and the TSA’s failure to recommend less invasive security screening.
The Rutherford Institute and the Competitive Enterprise Institute TSA Lawsuit:
https://www.rutherford.org/publications_resources/on_the_front_lines/declaring_tsa_passenger_screening_whole_body_scanners_to_be_ineffective_unl