Judge Pauley of the Southern District of New York ruled yesterday that the NSA’s bulk metadata collection of telephony records is constitutional. The opinion is here.
In a significant win for the Government–particularly on the heels of Judge Leon’s opinion, previously discussed here–Judge Pauley held that the program is constitutional and essential to the nation’s war on terror. The Government’s “bulk telephony metadata collection program represents the Government’s counterpunch,” he concluded.
This issue will continue to develop as the constitutional challenge to the NSA’s program makes its way to the appellate courts.