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Did you read the opinion linked in the article? https://www.documentcloud.org/documents/2124483-br-15-75-mis...

The actual arguments start from 10 and go to 12. The quote about Second Court not being binding on them is from page 14, and some problems they had with the Second Court's analysis are on page 16, including pointing out that some of the claims of the Second Court are no longer true after the Freedom Act was passed.



Yeah, it's really oddly worded. Whether or not the 2nd Circuit is binding on FISC is not at issue. The question is whether or not the 2nd Circuit is binding on the NSA (or at least NSA activities within its geographical jurisdiction).


The 2nd Circuit didn't issue an injunction, so it wasn't binding anyway. As the article states, they intend to ask for one from the 2nd now.




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