Hmmm, the law says that an airline can remove passengers when the state of a flight is overbooked. That flight where Dr. Dao was dragged down the aisle, the one that everyone thought was overbooked?
Er, OOPSIES!
Even The New Yorker, which understood that passengers were bumped for crew members, referred to the problem as an “overbooked” flight, clearly not understanding what overbooked actually means. (The only way the flight could have been overbooked would be if flights always have empty seats for unanticipated crew members to fly for free, which would defeat the purpose of overselling in the first place.)
The fact that the flight was not overbooked may seem trivial, or pedantic, but there is very important legal distinction to be made. There may not be a difference in how an airline (typically) responds when it needs additional seats, such as asking for volunteers who wish to give up their seat for a voucher or cash. But there is a legal difference between bumping a passenger in the instance of overselling a flight versus bumping a passenger to give priority to another passenger.

