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Official - Subject to Final Review
may say, well, we may, or we may not, but we still have
the right to cure the injury of being subject to
surveillance under 1881a.
GENERAL VERRILLI: But they still have to
show a concrete application of the authority they're
challenging. That's what this Court faces --
JUSTICE SCALIA: Do -- do we parse injury
that finely? I mean, the injury, it seems to me, is
being overheard. Does it -- by the government. Do we
say, oh, well, it's one injury to be overheard under
this statute, it's another injury to be overheard under
another statute? Do you know any case where we've --
we've cut the baloney that fine?
GENERAL VERRILLI: No, I don't. But -- but
I do think the redressability point is a valid one.
They have to show --
JUSTICE KAGAN: General Verrilli --
JUSTICE SCALIA: Well, the thing is they are
going to be injured by being overheard. And you're
saying that they will be overheard anyway, and,
therefore, by preventing the government from overhearing
them under this statute, we're not redressing their
grievance, which is being overheard by the government.
saying.
GENERAL VERRILLI: That's precisely what I'm
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