I read the entire article, and I'm not so sure the judge is wrong about this. If my understanding of the case is correct, the Justice Department was looking to secure these records through some kind of investigation or probe of these reporters. What the judge said is that the Justice Department can't just go around seizing those records without a grand jury in place that is overseeing the potential prosecution of an actual crime.
I tend to agree with Norm. The judge may be right on this one. It sounds like a bit of a fishing expedition rather than a need to expose criminal activity. Of course, perusing one article doesn't make it crystal clear what the case is, but there ARE times when the government should be made to keep its nose out of peoples files.