Ketanji Brown Jackson: “Isn't it a matter of fact, though, whether or not there are direct, traceable and particularized effects…”

“I mean, if we agree with you about extraterritoriality, who's making the decision as to whether or not there are direct, traceable, and particular effects in this case? So it is a threshold determination for the court as a matter of federal law. Isn't it a matter of fact, though, whether or not there are direct, traceable and particularized effects within the state? So, Justice Jackson, I think what I would say about that is it's a slightly different inquiry from, say, the causation inquiry as a matter of state law.” (03:35–03:42)

This is an excerpt from a raw transcript. The assertions have not been audited or verified. Tap the video to view the source footage and understand the context.