Orin Kerr writes:
I just finished watching the video of the Second Circuit’s argument in ACLU v. Clapper, the challenge to Section 215. Here are a few impressions.
While I don’t have a strong sense of how the court will rule, there was a lot of attention to the statutory question (does Section 215 authorize bulk collection?) and relatively less attention to the constitutional issue (does bulk collection violate the Fourth Amendment?). The judges on the panel seemed skeptical of the government’s statutory interpretation and also skeptical of the idea that the statute precluded judicial review.
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