The case I mentioned is ACLU v. NSA. Yes, the case deals explicitly with the constitutionality of domestic warrantless wiretaps. http://en.wikipedia.org/wiki/ACLU_v._NSA
I still question why the appellate court ran away from the underlying issue. It is possible they didn't all agree.
You don't have to try and convince me that domestic wiretaps require (or at least should require) a warrant. What I've pointed out is there isn't a uniform opinion on FISA. Discount the "brief list of apologists" all you want, but the fact remains that people with pretty good credentials have different opinions.
Here's what you had originally typed:
He was unanimously overturned because the plaintiffs couldn't prove they had been subjected to warrantless wiretaps.
You didn't link any case. Judging by what you typed I would conclude that the plaintiff did not have the evidence to withstand a motion to dismiss.
There is no uniform opinion on anything. There are flat-earthers. Just b/c you can find some scholar to say, "hey wait a minute, the president really is doing the right thing here" doesn't amount to much.
The plain language of the FISA statute is that if domestic spying is going to be done by our government, then it damn well better get a warrant.
The Appeals court said that it denied any holding on the legality of the program b/c the plaintiffs had no standing to sue. Since the plaintiffs could not prove any grievance that could be addressed by the court, they had no business suing in court, thus the lawsuit ends there. The court was not obligated to rule on the matter.