Hedges: CA2 Refuses Supplemental Briefing and Argument On Issues Arising From Clapper

So we learn from this order, handed down yesterday, by the United States Court of Appeals for the Second Circuit. In a letter filed after the Hedges oral argument, attorneys for the government had cited the Supreme Court's Clapper decision as reason to doubt the Hedges plaintiffs' standing to sue.  As Alan explained earlier, the plaintiffs naturally objected and filed a motion,  which (among other things) set out key factual and legal distinctions between Hedges and Clapper.  Those differences, the plaintiffs argued, suggested their ongoing legal injury and warranted additional briefing and argument on standing post-Clapper.   The United States responded, first, that Clapper requires Hedges' dismissal on standing grounds; and second, that the standing issue required no further briefing or argument.  The government seemingly prevailed on the latter point---though it remains to be seen how the Court of Appeals will resolve the case.