It's more a matter of how high up the decision was made--as far as I know, they're doing hunch-based searches at all borders (or close enough to make it seem that way). This is only the first step of the inevitable appeals. If memory serves, and it has been a long time since I studied court procedure, the next step is the district court of appeals, then perhaps an en banc review, then the Supreme Court. I'm going on memory here, though, so corrections/clarification from actual lawyers would be welcome.
