The Atlantic :Is the NSA’s Spying Constitutional? 

It Depends Which Judge You Ask

Two recent rulings draw diametrically opposed conclusions about the same set of facts.

Andrew Cohen Dec 27 2013, 2:57 PM ET





A protester listens to NSA officials testify before the House Intelligence Committee in October. (Reuters)

We have, in the span of just 10 days, seen two diametrically opposed judicial rulings about the legitimacy of the government’s controversial bulk metadata collection program, the existence of which we learned about just this past year thanks to Edward Snowden. Although the two opinions apply the same law and essentially the same facts, they are so contradictory they cannot be reconciled. One judge will be proven right and the other proven wrong, although I suspect it may be 2015  before the final tally is recorded.

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