When we stepped into the legal battle over unionization at the Transportation Security Administration (TSA), we knew the stakes were high. But we also knew we were right on the facts and the law, and that we were standing up for the tens of thousands of TSA screeners who deserve a workplace that puts merit, safety, and accountability ahead of politics.

Now, that fight may be headed to the U.S. Supreme Court.

An activist judge in Washington State in the case AFGE v. Noem recently entered a preliminary injunction forcing TSA to continue the illegal unionization of TSA screeners.  This allows the government to appeal, opening the door for the case to quickly reach the Ninth Circuit and possibly the Supreme Court. If it does—and Americans for Fair Treatment (AFFT) encourages the government to appeal—it will mark a pivotal moment for federal labor law, national security, and the ability of Congress, not unelected bureaucrats, to decide when and where unions operate in the federal workforce.

We’ve worked tirelessly to get here. AFFT was the first to shine a spotlight on the murky and unlawful foundation of TSA’s unionization scheme. We filed a Freedom of Information Act (FOIA) request demanding transparency and found that there was no statutory basis, no legal opinion, no Congressional authorization—just a political memo written by a bureaucrat. We took that information public, made it available to screeners and taxpayers, and explained why TSA’s current labor structure was on shaky legal ground.

We also brought our case to court, filing a compelling amicus brief in AFGE v. Noem that laid out, in clear terms, what’s at stake. This isn’t a typical labor dispute. It’s a test of whether federal agencies can bypass Congress to create labor frameworks that serve political agendas instead of national security.

The law is on our side. When Congress created TSA in the aftermath of 9/11, it explicitly excluded screeners from collective bargaining rights. The point was to create a nimble, mission-driven security workforce, not one constrained by union contracts and grievance procedures. That wasn’t anti-union; it was pro-security.

Unfortunately, the union and its allies continue to treat TSA like a bargaining chip. They’re pushing the courts to reinstate a collective bargaining agreement that never should have existed. If the government’s appeal reaches the Ninth Circuit or the highest court in the land, we’ll be ready.

This moment is bigger than any one policy. It’s about whether unelected officials can rewrite labor law to fit their preferences and whether security-sensitive roles in our government can be politicized under the guise of “worker rights.” It’s about restoring proper checks and balances and standing with frontline workers who want fairness without being trapped in a broken system.

The American people and every TSA screener on the front lines deserve a final answer rooted in law, not politics. If that answer comes from the U.S. Supreme Court, so be it.  We are prepared to take this fight as far as it needs to go.