From EPIC.org, who, by the way, just prevailed in their FOIA lawsuit against the Department of Homeland Security over “Internet Kill Switch” documents, writes:
The Supreme Court is scheduled to consider EPIC’s challenge to the NSA telephone record collection program at conference this week. EPIC has asked the Court to overturn an order of the Foreign Intelligence Surveillance Court that compelled Verizon to produce all of the telephone records of all of its customers to the NSA. EPIC said that this order clearly exceeded the authority of the surveillance court. The EPIC Petition was distributed to the Justices last week along with briefs by former Church committee members and prominent scholars ininformation law, federal jurisdiction, and constitutional law, who all urged the Supreme Court to grant the EPIC petition. For more information, see In re EPIC.
Fingers crossed.