The Court of Appeals’ stay of the injunction in Klayman v. Obama

Klayman v. Obama, No. 15-5307 (D.C. Cir. Nov. 16, 2015)

On November 16, 2015, the Court of Appeals for the D.C. Circuit ordered a stay, without providing any reasons, of the injunction that district court Judge Richard Leon had granted to plaintiff J.J. Little and and his law firm, J.J. Little & Associates, P.C., on November 9 against the NSA’s collection and use of their telephony metadata. The stay made it virtually certain that the NSA’s bulk telephony metadata program would continue until the USA Freedom Act’s prohibition of the program went into effect on November 29, 2015. In other words, the likely effect of the Court of Appeals’ order was to prevent Judge Leon’s injunction against the NSA program from ever coming into effect.

Previously, on November 10, 2015, the Court of Appeals had issued an administrative stay in order to provide itself with sufficient time to decide on the merits of a stay. The Court decided that a stay was warranted on the same day, November 16, as the government was scheduled to file its brief.

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