Judge Leon recognizes that his holding conflicts with the reasoning of other district courts, but he expresses confidence that he is correct and that James Madison would be “aghast” at the NSA’s telephony metadata program. Finding the entire NSA metadata program unconstitutional, Judge Leon enjoins it, but he stays his order pending appeal to the DC Circuit.
This is a GREAT ruling, but unfortunately, it’s not going to do a thing in practice right now. He “enjoined” the entire program, but “stayed” his own decision, pending appeal – which will be coming.
In other words. He put a stop to the program, but put his own order on hold. NSA surveillance will continue.
And we will continue our work to #NullifyNSA – because we don’t trust the higher courts to do the right thing.