I am not a lawyer, but I think the legal strategy was flawed. You can sue someone based on first principles (the NSA does something that's against the Constitut

I am not a lawyer, but I think the legal strategy was flawed. You can sue someone based on first principles (the NSA does something that's against the Constitution, and we care about the Constitution just like everyone else), or on personal harm (the NSA does something that reduced our profits). But trying to bundle both is suboptimal, because it allows a skeptical court to shred the weakest of the two arguments, which in this case is the second. And by the way, I find the second complaint quite weak. Can I sue the NSA because I can't properly sleep at night due to my anxiety of being under constant surveillance? Of course I can sue, it's a free country. But should I expect the Supreme Court to hear my case? Most likely not.