Exactly.
There is, quite literally, no possible way that a lawsuit challenging these practices will win. While it's speculation on my part, that's whay, in 9 years, there have been no challenges - groups like the ACLU aren't stupid, and those folks know that all a lawsuit will do is establish, conclusively, that the government can do this. If anyone really wants this practice to end, that's a result to be avoided at all costs (challenge a gov't practice in court and lose, and that practice might as well be written in stone).
The better option is to attempt to stir up public sentiment, in such a way that those in charge - be they legislators, airline CEO's, whoever - take notice and have a reason to scale things back. There are plenty of ways to skin the cat in this regard; ask yourselves whether drama-queening is the best way to do it. Ask yourselves whether, say, a legislator, would be more persuaded by ranting and raving or by a rational argument presented in a reasonable manner about why these scanners and "patdowns" are bad ideas.
Getting in a huff about things makes us feel good. No doubt about it. I do it all the time. I get much better results, however, when I get past it and deal with things from a perspective of "apathetic rationality" - emotion doesn't help much in most situations.
None of this should be taken as me saying that I agree with what is happening. Regardless, I'm not going to fool myself, or anyone else, with arguments about rights and how the TSA is violating them. This is a question of policy, not of legality.
If anyone would like, I'd be glad to go into more detail on the legalities.