On the surface, I see the biggest issue being the stupid 'no fly list' in the first place. A list of names that may match anyone, and not unsurprisingly, has a number of aliases, and gosh, doesn't do a dang thing if someone provides fake documentation and flies under another name.
The entire concept is kabuki theater.
The opinion is correct, there should be a reasonable process to appeal, but the base concept, that the federal government should maintain or even be able to give permission for citizens to fly is in error.
That is my position.