4 ms·
bradleyjg: I generally agree except that "if the district court had ruled the other way, maybe that would have been the end of the story." This was a case that
by declan 13y ago
bradleyjg: I generally agree except that "if the district court had ruled the other way, maybe that would have been the end of the story." This was a case that would have been appealed no matter who won and who lost. Still, the factual record established by the judge (who indicated he was annoyed at misrepresentations by NSA/FedGov) is going to help the plaintiffs quite a bit after FedGov appeals.
Also, I wonder if Orin read the opinion fully. His post incorrectly says: "Finding the entire NSA metadata program unconstitutional, Judge Leon enjoins it..." That is not true. The judge's opinion did not halt the NSA phone metadata program overall; it merely orders two plaintiffs removed from the NSA's database. I posted about that important distinction here:
https://twitter.com/declanm/status/412697277363286016 https://twitter.com/declanm/status/412697277363286016
- mpyne 13y agoWell in fairness to Orin, that was what all the reporting seemed to say, was that the entire program had been summarily ruled unconstitutional (but that the ruling was stayed).
- declan 13y agoOrin's blog post linked to the full text of the opinion (http://www.volokh.com/2013/12/16/judge-leon-enjoins-nsa-telephony-metadata-program-larry-klayman-lawsuit/ http://www.volokh.com/2013/12/16/judge-leon-enjoins-nsa-tele...) and quoted from it. He wasn't merely summarizing news articles. Orin is a smart fellow, and it's common to make mistakes when quickly summarizing court opinions that have just been published. But he never corrected his post.