USCA Case #14-5004
Document #1570210
Filed: 08/28/2015
3
actual knowledge of the Government’s . . . targeting practices.
Instead, respondents merely speculate and make assumptions
about whether their communications with their foreign
contacts will be acquired . . . .” 133 S. Ct. at 1148. After
discussing the speculative nature of plaintiffs’ claims, the
Supreme Court summed up its decision as “respondents’
speculative chain of possibilities does not establish that injury
based on potential future surveillance is certainly impending
or is fairly traceable to [the government’s acts].” Id. at 1150.
Therefore, in a conclusion fully applicable to the case before
us, the Supreme Court held “that respondents lack Article III
standing because they cannot demonstrate that the future
injury they purportedly fear is certainly impending and
because they cannot manufacture standing by incurring costs
in anticipation of non-imminent harm.” Id. at 1155.
Without standing there is no jurisdiction. Without
jurisdiction we cannot act. See Steel Co. v. Citizens for a
Better Environment, 523 U.S. 83, 94–95 (1998). Therefore, I
agree with my colleagues that the issuance of the preliminary
injunction was an ultra vires act by the district court and must
be vacated. However, I believe we can do no more. I would
remand the case for dismissal, not further proceedings.
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