The American Civil Liberties Union’s attempt to block collection of its phone records by the National Security Agency before its bulk data gathering program ends in November met with little success Wednesday at the U.S. Court of Appeals for the Second Circuit.

At oral argument, ACLU staff attorney Alex Abdo tried to persuade a three-judge panel that the NSA is breaking the law by collecting records under the bulk telephony metadata program during the 180-day transition period for §215 of the 2015 Patriot Act USA Freedom Act, a period that expires at midnight on Nov. 28.