AMERICAN CIVIL LIBERTIES UNION v. CLAPPER

Docket No. 14-42-cv.

804 F.3d 617 (2015)

AMERICAN CIVIL LIBERTIES UNION, American Civil Liberties Union Foundation, New York Civil Liberties Union, and New York Civil Liberties Union Foundation, Plaintiffs-Appellants, v. James R. CLAPPER, in his official capacity as Director of National Intelligence, Michael S. Rogers, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service, Ashton B. Carter, in his official capacity as Secretary of Defense, Loretta E. Lynch, in her official capacity as Attorney General of the United States, and James B. Comey, in his official capacity as Director of the Federal Bureau of Investigation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2015.


Attorney(s) appearing for the Case

Alexander Abdo , American Civil Liberties Union Foundation ( Jameel Jaffer , Patrick Toomey , American Civil Liberties Union Foundation, New York, NY; Christopher T. Dunn , Arthur N. Eisenburg , New York Civil Liberties Union Foundation, New York, N.Y., on the brief), New York, N.Y., for Plaintiffs-Appellants.

Henry C. Whitaker , United States Department of Justice ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, United States Department of Justice, Washington, DC; Douglas N. Letter , H. Thomas Byron III , Civil Division, Appellate Staff, United States Department of Justice, Washington, DC; Preet Bharara , United States Attorney for the Southern District of New York, New York, N.Y.; David S. Jones , John D. Clopper , Benjamin H. Torrance , Assistant United States Attorneys, New York, N.Y., on the brief), Washington, DC, for Defendants-Appellees.

Before: SACK and LYNCH, Circuit Judges, and BRODERICK, District Judge.


This opinion concerns the effect of the passage of the USA FREEDOM Act ("Freedom Act") on ongoing litigation surrounding the legality of the government's bulk telephone metadata collection program. We addressed the merits in an earlier opinion, ACLU v. Clapper, 785 F.3d 787

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