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A sharply-divided Supreme Court on Tuesday threw out an attempt by U.S. citizens to challenge the expansion of a surveillance law used to monitor conversations of foreign spies and terrorist suspects.

With a 5-4 vote, the high court ruled that a group of American lawyers, journalists and organizations cannot sue to challenge the 2008 expansion of the Foreign Intelligence Surveillance Act (FISA) because they can’t prove that the government will monitor their conversations along with those of potential foreign terrorist and intelligence targets.

Justices “have been reluctant to endorse standing theories that require guesswork,” said Justice Samuel Alito, who wrote for the court’s majority.

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