Less than two weeks ago U.S. District Court Judge Richard J. Leon in Washington ruled against the NSA's data mining collection of meta data calling it "Orwellian" and "probably unconstitutional".
On Friday another U.S. District Court Judge William H. Pauley in New York found the NSA's meta data methods constitutional and didn't violate the 4 th Amendment.
With these two contradictory rulings the final outcome is probably headed to the Supreme Court. But before that can happen, the two rulings will almost certainly be appealed and presumably whichever side loses will probably ask the Supreme Court to rule.
If the case does find its way to the Court do we assume the five conservative "Supremes" of Roberts, Scalia, Thomas, Alito and Kennedy will automatically decide in the NSA's favor and grant the "agency" the legal cover to intercept and listen on anyone and everyone with impunity OR will the strict constructionists led by Scalia find the "agencies" methods unconstitutional and clearly against the 4 th Amendments clause "against unreasonable searches and seizures."
Surely the data mining of innocents' electronic communications by the NSA falls within that category.
And the pleas from the huge U.S. software companies led by Microsoft et al, against the NSA's using "back door" entry into a company's software will certainly have a negative economic impact on these company's sales and profits as well as the overall American economy.
As corporate friendly as this group of justices have been the NSA's crippling corporate profits would seemingly have an impact on the "five".
For sure it's not to disparage the four liberal justices on the Court but realistically Ginsburg, Kagan, Sotomayer and Breyer aren't able to prevail on cases of supreme importance (no pun intended) against the usual cabal of their 5 conservative colleagues.