A judge in the U.S. District Court for the District of Columbia has dismissed former CIA Director John Brennan’s lawsuit seeking to compel the Justice Department to preserve records that might be relevant to a possible future criminal prosecution of him. The ruling is notable less for any merits determination about recordkeeping and more for what it says about Article III limits: courts will not entertain speculative, pre-charge disputes built on the possibility of a future case.

Brennan’s suit asked for unusual forward-looking relief.

A Massachusetts federal judge has allowed a multistate challenge against the federal government to continue, concluding at this early stage that the plaintiff states had already shown harm from the challenged federal actions. That ruling is important not because it resolves the merits, but because it clears one of the biggest threshold obstacles in public-law litigation: whether the states can establish a sufficiently concrete injury to stay in court.

According to the reporting, the U.S. Department of Justice will continue litigating the case in the U.S. District Court in Massachusetts after the judge determined the states had made the necessary showing of harm.