The Bush appointed judges ruled against the plaintiffs, because they failed to show they were subject to the surveillance...

Since an essential part of the PATRIOT ACT (and related executive orders) is concealing any investigations from the individuals and organizations investigated and since the Bushites regularly invoke the need for “national security” secrecy to hide this information from the courts ... this appears to be a classic Catch 22 — You don’t have the right to challenge illegal domestic spying... because you can’t prove you have been subject to illegal domestic spying,,, because they don’t have to (or can refuse to) tell you that you have been subject to illegal domestic spying...