First of all, the predicate that one must present photo ID to board an airplane is dubious. From the TSA's website:
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{{cquote|Not having an ID, does not necessarily mean a passenger won't be allowed to fly. If passengers are willing to provide additional information, we have other means of substantiating someone's identity, like using publicly available databases.}}
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In ''Gilmore v. Gonzales'' (435 F.3d 1125 (9th Cir. 2006)), the United States Court of Appeals for the Ninth Circuit discussed the constitutionality of the TSA policy of requesting identification at airports. John Gilmore, who had a ticket for a flight from Oakland to Baltimore-Washington International Airport, refused to present identification at the ticket counter. As a result, the airline representative issued a new ticket noting that Gilmore was to be searched before boarding. Gilmore then went to San Francisco International Airport, attempted to buy a ticket to Washington, D.C., again refused to provide identification, and was told that he could board without identification by agreeing to be selected to undergo a more thorough than normal search. The Ninth Circuit found that there is no Constitutional right to air travel.