The ACLU has lost its case challenging the constitutionality of the New York Subway searches.

The 2nd U.S. Circuit Court of Appeals on Friday rejected a challenge to the searches by the New York Civil Liberties Union, saying that a lower court judge properly concluded that the program put in place in July 2005 was "reasonably effective."....The appeals court said it was proper for Judge Richard M. Berman to conclude that preventing a terrorist attack on the subway was important enough to subject subway riders to random searches. The text of the opinion is here.

In its written ruling, the appeals court noted that New York's subway system is an "icon of the city's culture and history, an engine of its colossal economy, a subterranean repository of its art and music, and, most often, the place where millions of diverse New Yorkers and visitors stand elbow to elbow as they traverse the metropolis."

The court said that in light of how many people use the subway, it was "unsurprising and undisputed that terrorists view it as a prime target."

This doesn't mean we can't remind the searchers of the Fourth Amendment as they go through our bags.