Why @OrinKerr's @VolokhC defense of yesterday's CA2 #NSA ruling (https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/10/29/second-circuit-declines-to-reach-fourth-amendment-issues-in-bulk-metadata-program/ …) utterly fails to persuade:https://www.justsecurity.org/27199/orin-kerrs-unconvincing-defense-yesterdays-circuit-non-ruling/ …
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Replying to @steve_vladeck
@steve_vladeck FWIW, we don't know whether case will be moot or not on Nov 29. Preston also would have submitted brief yesterday@OrinKerr2 replies 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@OrinKerr The only way there's even a chance is if the government says it will destroy all of the prior records as of 11/29...2 replies 0 retweets 0 likes -
Replying to @steve_vladeck
@steve_vladeck In fact 2C ruling was wrong on status of that, noting only govt claiming they would keep it, not FISC didn't OK@OrinKerr1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@OrinKerr But even _if_ it becomes moot on 11/29, that's not a reason to not decide 4A q. squarely presented _today_.1 reply 0 retweets 0 likes
@steve_vladeck Sure. I'm just being persnickety bc we actually don't know what Mosman asked for. @OrinKerr
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