might reject the government's argument. Alito summarizes: “We decline to abandon our usual reluctance to endorse standing theories that rest on speculation about the decisions of independent actors.” Remove the triple negative and you get: Speculation about application of a   law isn’t application of a law.

Justice Stephen Breyer, writing in dissent, said that he would have allowed the lawsuit to move forward because he thinks “the government has a strong motive to listen to conversations of the kind described.” Justice Breyer’s dissent points out that future conduct can never be predict anything with 100% certainty, and if certainty was a requirement for standing, then virtually no cases would ever reach conclusion. Justice Breyer runs through dozens of cases where standing has b...

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