On December 16 Judge Richard J. Leon of the District of Columbia district issued his decision in the case of Klayman v. Obama striking down the NSA telephone metadata surveillance program as unconstitutional -- a violation of the Fourth Amendment. My analysis of that decision may be viewed here. Today Judge William H. Pauley III of the Southern District of New York issued his decision in the case of ACLU v. Clapper. Judge Pauley came to the opposite conclusion and upheld the constitutionality of the data-gathering program.