Hearing in Another Surveillance Challenge Today

In previous posts I’ve discussed filings in the two most prominent challenges to the government’s “Telephony Records Program.”  Things are moving along in those two cases.  In ACLU v. Clapper, in the Southern District of New York, Judge Pauley will hear arguments this Friday morning on the parties’ motions.  And the Supreme Court could rule as early as this morning on EPIC’s petition for mandamus in that Court.

But those are not the only two relevant cases.  In particular, the Electronic Frontier Foundation has filed suit in the Northern District of California (Judge Jeffrey White) on behalf of the First Unitarian Church of Los Angeles (see their Motion for Partial Summary Judgment here).  And here in D.C., Larry Klayman of Freedom Watch, Inc. has filed a suit on behalf of himself and Charles and Mary Ann Strange, challenging the legality of both the Telephony Records Program and the NSA’s collection of international communications under section 702 of the FISA Amendments Act of 2008.

Oral argument will be heard this very morning at 11:30, before Judge Richard Leon, in Klayman v. Obama.  Klayman’s opening brief is here.  The government’s opposition–filed only last Tuesday, so it’s the USG’s most recent filing in any of the cases–is here.  And Klayman’s reply brief is here. 

About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center Follow him on Twitter (@marty_lederman).