USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 8 extent and nature of their mass surveillance,” they moved in the district court to depose “an employee of the NSA.” Pls.’ Mot. For Leave, Klayman v. Obama, 13-cv-851 (D.D.C. Oct. 30, 2013), ECF No. 15. But the district judge denied the motion as moot after granting the preliminary injunction. Minute Order, Klayman v. Obama, 13-cv-851 (D.D.C. Jan. 21, 2014). Given the possibility that plaintiffs’ efforts along these lines may be fruitful, I join Judge Brown in remanding to the district court for it to decide whether limited discovery to explore jurisdictional facts is appropriate. I am uncertain about the meaning of Judge Brown’s view that although plaintiffs have failed to show a substantial likelihood of success on standing, they have nonetheless “fulfilled the requirements for standing,” if only “barely.” Op. of Brown, J., at 4. If the latter “fulfill[ment]” means simply that standing cannot be ruled out and thus poses no jurisdictional obstacle to discovery on standing, I agree. To the extent that Judge Brown regards the “burden of proof required for a preliminary injunction” as “higher,” id., I don’t understand in what sense the burden would be higher than in other contexts (motions for judgment on the pleadings, for summary judgment, or after hearing), or the basis for regarding it as higher than in those contexts. Page 18 of 21