Comment Re:Technically, they are correct. (Score 1) 165
This is true, but there would still be a huge contradiction in the law if the FISA courts ignore the Second Circuit. You'd have the FISA courts saying "Bulk surveillance is authorized under the USA Freedom Act for six months in the entire United States" versus the Second Circuit saying "Bulk surveillance is unconstitutional and any law authorizing it within the jurisdiction of the Second Circuit is void for that reason."
My guess is, if the FISA courts ignore the Second Circuit there will be a Supreme Court case on this, as tends to happen when you have conflicting authority at the appeals court level.
While I don't remotely agree with the NSA's bulk surveillance program, what you describe is called a "circuit split," and it happens all the time. In fact, it's one of the best indicators that the Supreme Court will take up a case.