As there are more trial court decisions on the NSA programs, it appears that there will be a split in results of those decisions among various trial courts. Those decisions can be appealed to the federal circuit appellate courts, where there may again be a split among the decisions. A circuit split[1] on an important issue of federal law, especially constitutional law, is one of the most reliable ways to prompt consideration of an issue by the United States Supreme Court. That court will have the last word[2] on this issue.
[1] https://en.wikipedia.org/wiki/Circuit_split
[2] "We are not final because we are infallible, but we are infallible only because we are final." A saying by Justice H. Jackson.
https://en.wikipedia.org/wiki/Robert_H._Jackson