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Re:NSA surveillance may be legal – but it’s unconstitutional by throwaway10001 on Saturday June 22, 2013 @11:05AM (#5923823)
It doesn't become unconstitutional when a court says so. From its inception either it is, or it isn't. The issue simply isn't decided until the court says so.

From a practical point of view there's no difference, we can split hairs if you want.

Re:NSA surveillance may be legal – but it’s unconstitutional by argumentum on Saturday June 22, 2013 @11:36AM (#5923940)
There's obviously a difference .. the SC's decision can be applied retroactively to the cases in question.