On Thursday the U.S. Court of Appeals for the Ninth Circuit ruled that a suit against the government can proceed, a case in which the plaintiffs allege that the National Security Agency engaged in “an unprecedented suspicionless general search,” of Internet traffic.
The court thereby overruled a lower court decision in which the plaintiffs were found to lack standing to sue because they couldn't prove their personal communications were intercepted (the government had refused to allow discovery on national security grounds).
So it seems that this government will have to work harder on its legal defense of unrestricted domestic spying.