When the U.S. Court of Appeals for the D.C. Circuit convenes Nov. 4 to consider the National Security Agency’s bulk collection of phone data, lawyers will make their case to one judge steeped in surveillance issues in recent years.

The challenger, Washington attorney Larry Klayman, alleges the government’s mass collection of Americans’ phone records is unconstitutional. U.S. District Judge Richard Leon ruled in December that the program “almost certainly” violated individual privacy rights. The U.S. Department of Justice appealed.