By contrast, U.S. District Judge Richard Leon in Washington, also ruling in December, concluded the surveillance „almost certainly“ infringes the Fourth Amendment right to be free from unreasonable searches and seizures. The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral argument on Nov. 4. The court did not immediately reveal the identities of the three judges who will hear the case, Klayman v. Obama.