“the Supreme Court has refused to consider the legality of the N.S.A.’s wiretapping programs on the tautological ground that no prospective plaintiff has standing to sue, because the relevant programs are so secret that any one citizen can only “speculate” whether or not he or she has been spied on.”

via The ‘One-Way Ratchet’ of Executive Power: Was Cheney Right About Obama? : The New Yorker.