US government lawyers have also moved to block a surprise decision by a district judge that ruled the NSA phone records programme was unlawful.
Judge Richard Leon said the NSA’s programme was “almost Orwellian,” a reference to George Orwell’s dystopian novel 1984.
He added there was little evidence the operation had prevented terrorist attacks, a conclusion also reached by the advisory panel to President Obama.
Although Mr Leon ruled against the government, he agreed to postpone shutting down the programme until the government considered whether to appeal.
But despite the Justice Department request to have the decision overturned in the Appeal Court, lawyer Larry Klayman, who brought the action, said he intended to take the case to the Supreme Court.
“There are exigent circumstances here,” said Mr Klayman. “We can’t allow this situation to continue. The NSA’s continuing to spy on everybody.”