Oct 292015
 October 29, 2015  Posted by  Court, Surveillance, U.S.

From opinion in ACLU v. Clapper, issued today:

Plaintiffs‐appellants American Civil Liberties Union and American Civil Liberties Union Foundation, and New York Civil Liberties Union and New York Civil Liberties Union Foundation, move for a preliminary injunction, requesting various relief. We conclude that Congress intended to authorize the continuation of the bulk telephone metadata collection program for a limited period of 180 days, and decline to reach the constitutional issues for prudential reasons. We therefore DENY the motion for a preliminary injunction and REMAND for further proceedings in the district court.

Update: Read Steve Vladeck’s excellent commentary on Just Security. Appropriately trashing their side-stepping of the constitutional challenge, he writes, in part:

In other words, because any constitutional violation is short-lived, and because it results from the “considered decision” of Congress, it would be fruitless to actually resolve the constitutionality of bulk collection during the transitional period.

Sorry, the comment form is closed at this time.