Sadly, the true brilliance of secret laws and classified programs is that they place incredible barriers in front of anyone attempting to prove they have standing to sue, making constitutional challenges difficult, at best.
“Assuming you don’t know exactly what the government did, how could you possibly have a lawsuit that provides any sort of relief and provides and effective remedy?” Samp asks, “How could the plaintiff know what remedy to ask for when he doesn’t even know what’s happened?”
--Richard Samp of the Washington Legal Foundation
> One of Kafka's best-known works, it tells the story of a man arrested and prosecuted by a remote, inaccessible authority, with the nature of his crime revealed to neither him nor the reader.
“Assuming you don’t know exactly what the government did, how could you possibly have a lawsuit that provides any sort of relief and provides and effective remedy?” Samp asks, “How could the plaintiff know what remedy to ask for when he doesn’t even know what’s happened?” --Richard Samp of the Washington Legal Foundation
SOURCE: http://www.scotusblog.com/2012/10/suing-over-surveillance-se...