Smith v. Obama, No. 14-35555 (9th Cir.)
On June 3, 2015, the United States Court of Appeals for the Ninth Circuit ordered supplemental briefs from the parties as to whether Congress’ enactment of the USA Freedom Act the previous day had mooted Ms. Smith’s requests for declaratory and injunctive relief against the NSA’s bulk telephony metadata program. After the parties submitted briefs, on July 27, 2015, the Ninth Circuit ordered the case withdrawn pending a final decision in ACLU v. Clapper, 785 F.3d 787 (2d Cir. 2015). On November 10, 2015, the government submitted a letter to the Ninth Circuit stating that even if the Court disagreed with its contentions that the plaintiff lacked standing and that the telephony metadata program was in any event constitutional, the Second Circuit’s decision in Clapper on October 29 confirmed that the plaintiff was not entitled to relief.