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. Page 21 of 21