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unsuccessful.
Official - Subject to Final Review
JUSTICE GINSBURG: And the litigation was
GENERAL VERRILLI: Well, that's right. The
Court found there was no Fourth Amendment violation
there.
But I think the point here, Your Honor,
is -- the key point is this, that the -- in a normal
case, a plaintiff would challenge the application of the
authority to that plaintiff. In a situation like this
one, we acknowledge that it may be difficult for a
plaintiff to do so because an -- a challenge to the
application gets into classified information pretty
quickly.
I think what the Respondents have tried to
do here is to find a theory of the case that avoids that
difficulty.
JUSTICE GINSBURG: Well, using what you just
mentioned, suppose -- just let's suppose that the Court
should hold there is standing. Wouldn't the government
then say as far as the merits of the complaint, this
information is classified, these are state secrets, we
can't -- we can't go forward with the litigation?
GENERAL VERRILLI: That is a possibility.
Of course, there's a procedure that the executive branch
would have to go through, but that's a possibility.
6
Alderson Reporting Company