USCA Case #14-5004
Document #1570210
Filed: 08/28/2015
4
collecting plaintiffs’ call records, but stayed its order pending
appeal. Klayman v. Obama, 957 F. Supp. 2d 1, 44-45 (2013).
The court reverses the judgment of the district court, and
for the reasons stated in the opinions of Judge Brown and
Judge Williams orders the case remanded to the district court.
(Judge Sentelle dissents from the order of remand and would
order the case dismissed.) The opinions of the judges appear
below after a brief explanation of why the case is not moot.
* * *
Under a “sunset” clause, the section of the U.S. Code
amended by Section 215 was scheduled to revert to its pre2001 form on June 1, 2015 unless Congress acted. See Pub.
L. No. 109-177, § 102(b)(1), 120 Stat. 192, 194-95 (2006);
Pub. L. No. 112-14, § 2(a), 125 Stat. 216, 216 (2011). That
date came and went without any legislative action. One day
after the deadline, however, Congress enacted the USA
Freedom Act, which revived the language added by Section
215 with some substantial changes. See Pub. L. No. 114-23,
Tit. I, 129 Stat. 268, 269-77 (2015), codified at 50 U.S.C. §
1861. The Act’s changes do not take effect until 180 days
after the date of enactment (June 2, 2015). Id. § 109(a), 129
Stat. at 276. And the legislation provides for continuation of
pre-existing authority until the effective date of the new
legislation: “Nothing in this Act shall be construed to alter or
eliminate the authority of the Government to obtain an order
under title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective
date . . . during the period ending on such effective date.” Id.
§ 109(b), 129 Stat. at 276.
Cessation of a challenged practice moots a case only if
“there is no reasonable expectation . . . that the alleged
violation will recur.” Larsen v. U.S. Navy, 525 F.3d 1, 4
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