Only eight members of Congress out of 535 are told the truth of what's going on. This is called the gang of eight and I think what the court held in May was that you cannot substitute the judgment of eight individuals particularly given that these individuals receive more donations from intelligence contracting companies than any other senator or representative. If they want to do that they would have to amend the Constitution. But even if they chose to there's fundamentally a deeper moral point here which is the majority cannot vote away the rights of the minority.