I read his decision on the meta data collection. He clearly stated that as long as the NSA collects it from a third party source, it’s perfectly ok to spy on Americans without a warrant.
His squirmy out was that it wasn’t “unreasonable”. Maybe not unreasonable, totally unreasonable, and totally illegal.
It wasn’t his decision it was a concurrence on a request for an en bank hearing
2. The legal issue in Klayman v. Obama was whether plaintiffs were entitled to an injunction against the NSA’s bulk collection of telephony metadata. Hawkins quotes passages from what he calls Kavanaugh’s “concurring opinion.” Kavanaugh’s opinion is not, as the reader might think, a concurrence in the panel ruling against plaintiffs, but rather a concurrence in the D.C. Circuit’s unanimous denial of rehearing en banc in the case. (Kavanaugh was not on the panel; among those who were, and who denied plaintiffs relief, was noted libertarian Judge Janice Rogers Brown.)