Last week, a federal appeals court ruled that Section 215 of the PATRIOT Act does not authorize the NSA’s telephone metadata surveillance program. Since Edward Snowdendisclosed it in June 2013, the program has been so controversial that its fate has taken on historic significance. The decision inAmerican Civil Liberties Union v. Clapper arrived as Congress must decide whether to reform the program, continue it by re-authorizing Section 215, or let Section 215 expire on its June 1 sunset date. The judgment provided the program’s defenders and critics with ammunition in this debate. Moreover, the court, through its decision, seems to be sending the political branches explicit constitutional messages about what should happen next.
