A Miami law student is challenging a new Transportation Security Administration order that would take away some air travelers’ option to be patted down by a security agent rather than go through the full-body scanner.

Jonathan Corbett is asking the U.S. Court of Appeals for the Eleventh Circuit to rule on the constitutionality of the Dec. 18 rule change, which would require some passengers to undergo a body scan. Federal appellate courts, rather than trial courts, have exclusive jurisdiction over challenges to TSA orders.The software developer, who said he has flown more than 100 times in the past two years, lost a previous case before the same court challenging TSA’s 2010 decision to use body scanners as its primary screening tool. Agents ask passengers to stand inside the cylindrical scanner and raise their arms above their head for imaging.