To add to what others have already said, the Second Circuit stayed the order that would prevent the NSA from doing the calls. This means the Second Circuit didn't order them to stop.
Since the FISA court isn't under the Second Circuit, it is under no obligation to follow second circuit holdings.
Further, the FISA court distinguishes from the situation in the Second Circuit, but that's not all that persuasive to me.
Since the FISA court isn't under the Second Circuit, it is under no obligation to follow second circuit holdings.
Further, the FISA court distinguishes from the situation in the Second Circuit, but that's not all that persuasive to me.