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Prof. Robson on the NSA Metadata Spying Appeal

November 5, 2014

Distinguished Professor Ruthann Robson was recently quoted in an Ars Technica article, “A top appeals court to hear why NSA metadata spying should stay or go”.

The lawsuit, known as Klayman et al v Obama that resulted in a judicial order against the National Security Agency’s (NSA) vast telephone metadata collection program is now in front of the District of Columbia Circuit Court of Appeals. The order has been put on hold, while the government appeals.

The court could overturn the lower court ruling that ordered an end to the program or confirm it. If Klayman wins, the government is likely to appeal to the Supreme Court.

Professor Robson provided some insight about the three judges who will be hearing the Klayman appeal on the DC Circuit. She said they skew conservative.

“Interestingly, Judge Sentelle and Judge Brown, who are both on Klayman’s panel, were also on the panel that voted in favor of the constitutionality of the Military Commissions Act, which was later declared unconstitutional by the United States Supreme Court in Boumediene v. Bush. But one judge, Judge David Sentelle, who is known as a national security expert, joined the DC Circuit’s opinion, another judge, Judge Janice Rogers Brown, a conservative with a decided libertarian bent, dissented. The third judge on Klayman’s panel is the 78-year-old Stephen Williams, appointed by Ronald Reagan.”

Read the full Ars Technica article

Prof. Robson is an expert on constitutional law and sexuality issues and is the co-editor of the Constitutional Law Professors Blog. Her latest book is Dressing Constitutionally: Hierarchy, Sexuality, and Democracy From Our Hairstyles to Our Shoes.



Related Categories: Constitutional Law, Faculty

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