USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 SENTELLE, Senior Circuit Judge, dissenting in part: I will not restate either the facts or the background law, as I fully agree with my colleagues’ statements on those subjects. Indeed, I agree with virtually everything in Judge Williams’ opinion, save for its conclusion, and I even agree with part of that. My colleagues believe that the preliminary injunction entered by the district court must be vacated, as plaintiffs have failed to establish a “substantial likelihood of success on the merits.” Brown Op. 1; Williams Op. 3. I agree. However, my colleagues also believe that the case should be remanded for further proceedings. I do not agree. Like Judge Williams, I believe that the failure to establish the likelihood of success depends at least in the first instance on plaintiffs’ inability to establish the jurisdiction of the court. I also agree with Judge Williams that plaintiffs have not established the jurisdiction of the court. That being the case, I would not remand the case for further proceedings, but would direct its dismissal. As my colleagues recognize, in order to bring a cause within the jurisdiction of the court, the plaintiffs must demonstrate, inter alia, that they have standing. “[T]o show standing, a plaintiff must demonstrate an ‘injury in fact’ that is ‘actual or imminent, not conjectural or hypothetical.’” Williams Op. at 1 (quoting Friends of the Earth, Inc. v. Laidlaw Envt’l Servs. (TOC), Inc., 528 U.S. 167, 180 (2000). As Judge Williams goes on to note, “[p]laintiffs claim to suffer injury from government collection of records from their telecommunications provider relating to their calls.” Id. at 1; see also Brown Op. 2. However, plaintiffs never in any fashion demonstrate that the government is or has been collecting such records from their telecommunications provider, nor that it will do so. Briefly put, and discussed in more detail by Judge Williams, plaintiffs’ theory is that because it is a big collection and they use a big carrier, the government must be getting at their records. While this may be a better-than-usual conjecture, it is nonetheless no more Page 19 of 21