Secrecy Catch-22 on NSA surveillance

Here's a link to the Register's editorial yesterday on the Sixth Circuit's decision not to allow the case challenging the National Security Agency's unwarranted electronic surveillance program of certain Americans (called the Terrorist Surveillance Program by the administration) for lack of proper standing on the part of the plaintiffs. It will no doubt be appealed, and there's a case in the 9th Circuit that is likely to have a different result -- the Muslim charity involved claims to have seen classified documents naming it as a target, so at least it should have standing -- so it's likely the Supremes will take up the issue. And Justice Kennedy will likely be the deciding vote.