Megan McArdle observes (via data from the ACLU) that over 900,000 Americans have their name on various terrorist watch lists. One could argue that this is perhaps four orders of magnitude off the actual number of active terrorists running around the country. How can such a travesty occur? Well, its the government, and McArdle points out, unsurprisingly, its an incentives issue.
Can some smart lawyer from the ACLU find a way to void this list on due process or maybe 14th amendment grounds?