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Supreme Court Debates Challenge to Controversial Surveillance Law

Justice Anthony M. Kennedy, a swing vote in many Supreme Court cases, was the swing vote in the two most recent standing cases, Massachusetts v. EPA and Summers v. Earth Island Inst. Today, he directed most of his questions at Verrilli, asking about a “cascade of inferences” that Verrilli presumed would need to accompany any legal challenge and casting doubt on the notion that the government wasn’t aggressively using its authority. He also suggested that whatever the reason an attorney representing a terrorist suspect had to change his behavior, he would still have to change it because of the 2008 law

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