Klayman Update: DC Circuit Stays Judge Leon's Ruling

By Benjamin Wittes
Wednesday, November 11, 2015, 10:54 AM

Here's a brief update on my piece yesterday on the Klayman litigation. The government yesterday, as promised, moved in the D.C. Circuit for a stay of Judge Leon's ruling.

The DC Circuit, in turn, granted an administrative stay pending further order of the court:

BEFORE: Tatel, Griffith, and Millett, Circuit Judges


Upon consideration of the emergency motion for a stay and for an administrative stay, it is ORDERED that the district court’s order issued November 9, 2015, be stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for a stay and should not be construed in any way as a ruling on the merits of that motion. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2015).

It is FURTHER ORDERED, on the court’s own motion, that appellees file a response, not to exceed 20 pages, by 12:00 noon, Friday, November 13, 2015, and that appellants file any reply by 12:00 noon, Monday November 16, 2015. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due.

Per Curiam

What does this mean? It means that with 18 days left before the 215 program turns into a pumpkin and is replaced by the new metadata collection procedure laid out under the USA FREEDOM ACT, the program can continue at least until Friday without sudden interruption.

My guess is that the D.C. Circuit will find a way—as it most certainly should—to let the clock run down so that the process Congress put in place for winding this program down can play out as intended.