This is one of the most insidious parts of these warrantless surveillance programs, the fact that the government has found a way to make an end-run around the courts. In order to sue you need to prove that you were spied on. The list of people they spy on is classified though, so no one has standing to sue. Therefore no one can ever adjudicate if the spying is legal or not.
For a truly rage inducing example of this read here:
http://www.upi.com/Top_News/2008/07/03/Federal_judge_tosses_wiretap_suit/UPI-99281215102605/
Basically an Islamic charity was warrantlessly wiretapped. When they sued the government over the wiretap the FBI screwed up and mistakenly disclosed to them a document that
explicitly showed that the foundation was being wiretapped. After doing so the FBI said the document was in fact classified so they needed it back and it couldn't be used as evidence.
After that, the lawsuit was dismissed because Al-Haramain couldn't prove it was being wiretapped despite having seen the evidence with their own eyes.