[dragonwriter]

I'm not sure why an article that cites two US Court of Appeals judges with opposing views on the issue provides any indication of what the Supreme Court might do. Especially since the view for which the article is titled, which presumably is why you linked to it, is actually the judges view of what lawmakers should empower the NSA to do, not what is legal for the NSA to do under existing law. I'd certainly agree with the "don't hold your breath" sentiment for other reasons, but the article is a complete non-sequitur on the point.