Klayman v. NSA finally ends in the District Court, the court finding no jurisdiction (despite prior injunctions) and because Congress ended the program sued over before the suit was even filed and then the NSA was ordered to retain data it would have purged at plaintiffs’ request. The plaintiffs, however, are credited with trying to keep the constitutional issues alive. Klayman v. NSA, 2017 U.S. Dist. LEXIS 193267 (D. D.C. Nov. 21, 2017):
While the zeal and vigilance with which plaintiffs have sought to protect our Constitutional rights is indeed laudable, this Court, in the final analysis, has no choice but to dismiss these cases for plaintiffs’ failure to demonstrate the necessary jurisdiction to proceed. I do so today, however, well aware that I will not be the last District Judge who will be required to determine the appropriate balance between our national security and privacy interests during this never-ending war on terror. Hopefully by the time these issues are next joined, our Supreme Court will have had the opportunity to provide us with further guidance on the parameters of our privacy interests in this era of ever-increasing electronic communication. If not, concerned citizens such as these will continue to shoulder the heavy yoke that vigilance to our Constitutional liberties surely requires.
Thus, for all the reasons stated herein, Defendants’ Motion to Dismiss is GRANTED. Plaintiffs’ complaints are both DISMISSED with prejudice. A separate Order consistent with this decision accompanies this Memorandum Opinion.