District Judge Richard Leon has twice ordered the NSA to halt its massive, once-secret collection of telephone metadata. Twice his rulings have been overturned by the D.C. Circuit. Now, in the most recent blow to NSA lawsuits, the D.C. Circuit has refused to rehear a challenge en banc.
The D.C. Circuit's rulings have largely been procedural -- touching on standing or the appropriateness of a preliminary injunction, for example. The most recent denial was just a sentence long. But, D.C. Judge Brett M. Kavanaugh wasn't content with just a denial. He took the opportunity to expound on the NSA's metadata collection all together. The gist: the massive surveillance doesn't bother him at all.