I've been giving this some thought since I heard this story about the decision. I'm going to stick my neck about a bit, and say she has a point here.
The "watch list" isn't just foreigners or even Moslem, anybody can be on it, including any of us. After 8 years of a criminal Moslem Preezy, I'd say that's more likely than not.
The list of people is "secret," meaning there's no transparency about how one gets on it, or knowing if one is even on the list in the first place. The subject first discovers it when they try to board a plane to somewhere. Surprise! Then, if that person is on it by mistake there is no way to rectify the situation, no one with whom one can lodge an appeal. NISC is also opaque. People get on that by mistake too, but they're screwed if they want to get off of it, because they have to sue the government to correct the problem.
We should all be against Star Chamber Justice, and oppose it vigorously before another Rat gets elected President.