There's a lot more to a lawsuit than just winning or losing. By the time this is over, the public will (should) know _exactly_ what is happening, and _exactly_

There's a lot more to a lawsuit than just winning or losing. By the time this is over, the public will (should) know _exactly_ what is happening, and _exactly_ what the legal basis for it is (should the EFF lose). With that knowledge, we can advocate for specific legislative change. Assuming that the NSA would continue on regardless of winning or losing is to have zero confidence in our legal system. While there may be some ground for skepticism, using all available tools is absolutely appropriate.