In a what the American Civil Liberties Union (ACLU) considers a “first of its kind” lawsuit, the ACLU has filed a motion seeking a ruling from a federal district court in Oregon on the constitutionality of the United States government’s secret No-Fly list. The ACLU argues the list violates citizens’ Fifth Amendment right to due process.

The ACLU represents fifteen citizens and lawful residents, who were prohibited from flying to and from the United States. They were not informed of why they were being put on the list and were given no chance to clear their names.

The Ninth Circuit United States Court of Appeals reversed a ruling on July 26 that now allows the American Civil Liberties Union’s (ACLU) lawsuit against the heads of the Justice Department, the Federal Bureau of Investigation (FBI) and the Terrorist Screening Center (TSC) to go forward. The court remanded it to the US District Court of Oregon, which previously had decided to dismiss the case over a technicality because the court believed it should have been filed against the Transportation Security Administration (TSA).

For the past two years, the American Civil Liberties Union (ACLU) has been challenging the US government’s No-Fly List. It has raised objection to the secrecy surrounding the list and the fact that people, who are on the list, are typically not told why their name is on the list. The government also does not give those on the list a fair opportunity to have their name removed.

Now, the ACLU is taking a case against the government before a federal appeals court.