(27.12.) The government’s claim that the program is constitutional rests on a 1979 Supreme Court case, Smith v. Maryland, which held that a robbery suspect had no expectation of privacy — and no Fourth Amendment protection — in the telephone numbers he dialed. Judge Leon found the Smith decision to be inapplicable to a daily, indiscriminate sweep of hundreds of millions of phone records. Judge Pauley, however, said its logic still applied.