Case: 21-51178 Document: 00516474571 Page: 10 Date Filed: 09/16/2022 No. 21-51178 controversies.” Liverpool, N.Y. & Phila. S.S. Co. v. Comm’rs of Emigration, 113 U.S. 33, 39 (1885); accord Marbury v. Madison, 5 U.S. (1 Cranch) 137, 178 (1803). This limitation on federal jurisdiction to “actual controversies” prevents courts from “ancitipat[ing] a question of constitutional law in advance of the necessity of deciding it.” Liverpool, 113 U.S. at 39; see also Broadrick v. Oklahoma, 413 U.S. 601, 610–11 (1973) (“[U]nder our constitutional system courts are not roving commissions assigned to pass judgment on the validity of the Nation’s laws.”). And it makes preenforcement facial challenges a particularly nettlesome affair. Such suits usually do not present “flesh-and-blood legal problems with data relevant and adequate to an informed judgment.” New York v. Ferber, 458 U.S. 747, 768 (1982) (quotation omitted). Instead, they require the court “to consider every conceivable situation which might possibly arise in the application of complex and comprehensive legislation,” forcing courts to deploy the severe power of judicial review “with reference to hypothetical cases.” United States v. Raines, 362 U.S. 17, 21–22 (1960). Third, federalism. Invalidate-the-law-now, discover-how-it-workslater judging is particularly troublesome when reviewing state laws, as it deprives “state courts [of ] the opportunity to construe a law to avoid constitutional infirmities.” Ferber, 458 U.S. at 768. And “facial challenges threaten to short circuit the democratic process by preventing laws embodying the will of the people from being implemented in a manner consistent with the Constitution.” Wash. State Grange, 552 U.S. at 451. The respect owed to a sovereign State thus demands that we look particularly askance at a litigant who wants unelected federal judges to countermand the State’s democratically accountable policymakers. In accordance with the disfavor that attaches to pre-enforcement facial challenges, the legal standard for them is extraordinarily high. Ordinarily, plaintiffs bringing this sort of “facial challenge to a legislative 10