The burden of proof is (and should be ) on the plaintiffs in our judicial system. But it is disconcerting that we have to wait until the government actually violates rights until the court will entertain arguments on the FISA expansion.
In most civil matters, I'd agree. But when it comes to protecting civil rights from the government, I think the burden should shift. Especially in a case like this where large scale warrant-less clandestine spying can easily become "unreasonable search".
It's a reasonable expectation by citizenry that some safeguards be imposed, and the court should have recognized that expectation even if the legislature failed to.