U.S. District Judge Richard Leon ruled in December that the program disclosed by former NSA contractor Edward Snowden was likely unconstitutional. Now, the Justice Department hopes another judge will overturn the decision.
A different federal judge has since ruled in a separate case brought by the American Civil Liberties Union that the NSA’s data collection from phone conversations is legal. The ACLU is appealing the ruling.
The divisive topic will likely reach the Supreme Court in the next year.