standing? What is the purpose of requiring injury? “imminent” What does the majority say about allegations of future harm as a basis for standing? What cases do they cite that we have discussed? What is long of causation that the majority says must occur before plaintiffs have an injury? The majority criticizes respondents for claiming an injury when they have not actual knowledge of who will be targeted the amendments. (46) Why must plaintiffs speculate what prevents – them from getting the information necessary to make concrete claims of injury? What does the court want plaintiffs to produce to resist the motion for summary judgment? Even if they can show that their clients are likely to be targeted, why does this still not prove that §1881a will be used? What other methods can it use? What do plaintiffs claim is their concrete injury? How did the Second Circuit panel find that this injury is “fairly traceable” to amendments? What limits did the Second Circuit put on standing based on fears of surveillance? What does the majority say plaintiffs could do under the Second Circuit’s holding? How did Judge Raggi say plaintiffs might do this? Given all the other ways the government says it could get the info,
standing? What is the purpose of requiring “imminent” injury? What does the majority say about allegations of future harm as a basis for standing? What cases do they cite that we have discussed? What is long of causation that the majority says must occur before plaintiffs have an injury? The majority criticizes respondents for claiming an injury when they have not actual knowledge of who will be targeted the amendments. (46) Why must plaintiffs speculate – what prevents them from getting the information necessary to make concrete claims of injury? What does the court want plaintiffs to produce to resist the motion for summary judgment? Even if they can show that their clients are likely to be targeted, why does this still not prove that §1881a will be used? What other methods can it use? What do plaintiffs claim is their concrete injury? How did the Second Circuit panel find that this injury is “fairly traceable” to amendments? What limits did the Second Circuit put on standing based on fears of surveillance? What does the majority say plaintiffs could do under the Second Circuit’s holding? How did Judge Raggi say plaintiffs might do this? Given all the other ways the government says it could get the info,
Clapper-adlaw-questions.docx