FindLaw columnist and Columbia law professor Michael Dorf discusses a recent decision by the U.S. Court of Appeals for the Ninth Circuit that dismissed a challenge to warrantless wiretapping, citing the "state secrets" privilege. Dorf discussess the details of both the warrantless wiretapping program and the privilege, and explains why it's possible that, on remand, the district court will find for the plaintiffs on an issue the Ninth Circuit did not address: whether the Foreign Intelligence Surveillance Act supersedes the state secrets privilege.