A three-judge panel of the D.C. circuit of the U.S. Court of Appeals ruled that Judge Richard Leon was wrong in 2013 when he blocked the NSA from continuing its bulk-data collection program, which he said was “almost Orwellian“.
The judges came to their decision on the basis that the lawyer who brought the case, Larry Klayman, could not prove that his phone records personally had been collected and therefore was ineligible to bring such a lawsuit.
The panel then sent the case back to a lower court to further deliberate as this purely procedural ruling did not address the constitutionality or the legality of the program.
The Appeals Court in a 2-1 decision found that although Klayman had no standing to sue, that he should be allowed to continue his case anyway despite the slim likelihood of success.
In June of this year Congress passed a law that put an end to the NSA bulk-data collection program, although the program continues to operate until the transition takes place.
[Bloomberg] [The Washington Post] [The Guardian]