What is now known is that it was not the absence of a program ignoring Americans' constitutional rights that permitted 9/11. Collecting "bulk telephony metadata" does nothing to correct the intelligence failures that permitted 9/11 to happen.
Two federal judges reached opposite conclusions in separate cases challenging NSA spying. One was thoughtful; the other reflected much of what is wrong with our courts. Ultimately, however, neither will matter. The NSA's dragnet continues unabated, and only Congress is poised to stop it.