The request to Judge Richard Leon from attorney Larry Klayman of Freedom Watch comes after the Second U.S. Circuit Court of Appeals decided not to stop the data collection during a 180-day transition period from an old law to a new one.
The USA Patriot Act, which authorizes the data collection, is being replaced by the USA Freedom Act.
“We conclude that [Paragraph] 215 authorizes the telephone metadata collection program for the period of 180 days from the Freedom Act’s enactment, as part of a larger move to dismantle the program,” the appeals court said.
When government attorneys brought the decision to the attention of Leon, Klayman immediately fired back, arguing “even one day of a violation of our Constitution is one day too many.”