You folks are all missing the point. Clearly this guy is dangerous. I'll bet he even has stacks of pre-nibbled breakfast pastries in his kitchen, and he's just waiting for the right time to distribute them to unsuspecting elementary school kids so that he can proceed with his plan for world domination.
Even if the appeal ultimately fails, does anyone really think the NSA will stop collecting metadata just because some measly little court said to stop? To paraphrase Ernestine, "We don't care; we don't have to. We're the NSA."