The government has argued it has the power to carry forward with the program under a section of the Patriot Act, which expires in June. Lawmakers are locked in a debate on whether or how to renew the authority, which was first passed shortly after the Sept. 11, 2001 terror attacks on New York and Washington, but has been renewed by both Presidents Bush and Obama in the intervening years.

Documents confirming the program's existence were first revealed in June of 2013 with the leaks by former government contractor Edward Snowden.

The decision by a three-judge panel that the phone record collection program, which was mostly secret for nearly a decade, is not supported by the current version of the law, will certainly enter into the brewing political debate over renewing it.

RELATED: Why the NSA decision matters

Judge Gerard E. Lynch, writing for a three judge panel of the Second Circuit Court of Appeals, said the program "exceeds the scope of what Congress has authorized."

Lynch wrote that the text of the Patriot Act "cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program."

The Court did not address the larger question of whether the program is constitutional and sent the case back down to a lower court for further proceedings. It noted that the section of the Patriot Act that the government said authorized the law - Section 215 - is set to expire in early June.

"In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape," Lynch wrote.

He was clearly concerned with the scope of the program. He wrote the "sheer volume of information sought is staggering."

Sen. Marco Rubio, the Florida Republican who is also running for president, defended the NSA program on the Senate floor shortly after the court decision was made public.

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Court rules NSA program illegal - CNNPolitics.com