Posted on another thread (by me), and related to Padilla, not the NSA matter, but Congress has managed to keep out of taking a position.
Playing the Padilla case through the speculation forward machine, an astute thinker (not me) said, "Although Congress has not yet passed a 'Detention of Enemy Combatants Act,' there is no reason to think that, in the aftermath of a reversal of the Fourth Circuit in Padilla II, it wouldn't."
How supportive of the WOT is Congress, anyway?
I don't know, but we could think of it this way: The President has blinders on to prosecute the WOT by any means necessary, which is not completely a bad thing as it means he's working hard on it. Then we have the courts looking out for us to make sure our rights don't become collateral damage. Then there's Congress on the fence, charged both with looking out for us and giving the President the necessary tools to fight this "war." Sort of balanced, I guess, but we shouldn't complain when the balances kick in.
BTW, I wrote "war" because I'm tired of the "War on XXX" moniker, especially since all previous ones have failed.