I totally disagree. The Supreme Court has it within their power to determine that Amnesty or the ACLU is likely enough representing an effected party and theref

I totally disagree. The Supreme Court has it within their power to determine that Amnesty or the ACLU is likely enough representing an effected party and therefore grant them standing. There is some popular idea that everything the court does is abstract or must be categorical and that's simply not true. They make decisions all the time in which they draw a line through a gray area. They have been using the standing to avoid ruling on these 4th amendment issues because the issues are thorny and frankly because they believe, as they have made it clear in many other cases, that they believe in the national security state apparatus but aren't quite sure how to justify it. Edit: There are other possibilities too. If the court isn't comfortable imposing a remedy for 4th amendment violations they can mandate the legislature to do so and fine the administration until the legislature acts. This often happens in state governments.