Ah yes, the age old "misstate the argument" counter. If Ms. Taylor's diatribe is so weak in foundation why stoop to this?
That wasn't her point, it was the plaintiff's point, and it wasn't misstated.
As to Judge Taylor, I'm sure there is a case to be made that the TSP may infringe on the 4th Amendment, but she lacks the requisite information to prove it because it's classified. A hunch that a law is being broken is insufficent, and the plaintiffs can't show they've been materially harmed or are even targets. You may as well say that you suspect the CIA is following you with spy satellites, and you want them to stop. Since they don't have standing, there's no real case here.
I'm not a lawyer, so I don't know what venue you'd need to use, but until someone shows that they've been harmed, I don't know how you'd prove a theoretical like that. I'm guessing you'd need someone within the program to step forward with a list of abuses, or to otherwise leak said abuses to the press.