Why do you think this would force that lawsuit that would make things more transparent? There are already thousands of people on the no-fly list. I don't think the unruly passengers are in any way special such that they'd have more success challenging this sort of thing.
The general American public is sadly more willing to hear the plights of people when they aren't brown, foreigners, or Muslim. The No Fly list is very opaque but the author's of articles I've read where it wasn't a mistaken identity, but for a bull shit reason all tend to be at least one of those three.
