Supreme Court Throws Out FISA Appeal By the ACLU

The SCOTUS refused to revisit a lawsuit thrown out by the sixth circuit that was filed by the ACLU against the President challenging the validity of FISA.

Among the more significant cases the Court refused to hear was an appeal by
the American Civil Liberties Union seeking to revive its lawsuit —
dismissed by a federal appeals court — challenging the Bush
Administration’s no-warrant program of electronic eavesdropping of global
telephone calls and e-mails when that monitoring reaches inside the
U.S. (ACLU v. National Security Agency, 07-468). A Sixth Circuit
Court majority ruled that the groups and individuals who filed the challenge
could not show that they had been wiretapped unless they had access to
information that was beyond their reach because protected by the government’s
“state secrets privilege.”

The legalisms on this are quite confusing. While the SCOTUS is making warrantless wiretapping constitutional, the program remains in flux because the Congress hasn't passed the proper legislation to make it legal.