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Future conduct can't be predicted. Ruling so denies all challenges. None can be settled equitably. Anything can be claimed for any reason to deny them.
Justice Breyer dissented on Clapper. He explained certainly impending's absurdity, saying:
"One can, of course, always imagine some special circumstance that negates a virtual likelihood, no matter how strong.""But the same is true about most, if not all, ordinary inferences about future events."
"Perhaps, despite pouring rain, the streets will remain dry (due to the presence of a special chemical)."
ACLU deputy legal director, Jameel Jaffer, said the High Court ruling denies "meaningful judicial review and leaves Americans' privacy rights to the mercy of the political branches."
"More than a decade after 9/11, we still have no judicial ruling on the lawfulness of torture, of extraordinary rendition, of targeted killings or of the warrantless wiretapping program."
"These programs were all contested in the public sphere, but they have not been contested in the courts."
Police state justice remains policy.
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