4 MOODY v. NETCHOICE, LLC THOMAS, J., concurring in judgment The common-carrier doctrine may have weighty implications for the trade associations’ claims. But, the same factual barriers that preclude the Court from assessing the trade associations’ claims under our First Amendment precedents also prevent us from applying the common-carrier doctrine in this posture. At a minimum, we would need to pinpoint the regulated parties and specific conduct being regulated. On remand, however, both lower courts should continue to consider the common-carrier doctrine. II The opinions in these cases detail many of the considerable hurdles that currently preclude resolution of the trade associations’ claims. See ante, at 9–10; ante, at 1–4 (BARRETT, J., concurring); post, at 22–32 (opinion of ALITO, J.). The most significant problem of all, however, has yet to be addressed: Federal courts lack authority to adjudicate the trade associations’ facial challenges. Rather than allege that the statutes impermissibly regulate them, the trade associations assert that H. B. 20 and S. B. 7072 are actually unconstitutional in most or all of their applications. This type of challenge, called a facial challenge, is “an attack on a statute itself as opposed to a particular application.” Los Angeles v. Patel, 576 U. S. 409, 415 (2015). Facial challenges are fundamentally at odds with Article III. Because Article III limits federal courts’ judicial power to cases or controversies, federal courts “lac[k] the power to pronounce that [a] statute is unconstitutional” as applied to nonparties. Americans for Prosperity Foundation v. Bonta, 594 U. S. 595, 621 (2021) (THOMAS, J., concurring in part and concurring in judgment) (internal quotation marks omitted). Entertaining facial challenges in spite of that limitation arrogates powers reserved to the political branches and disturbs the relationship between the Federal Government and the States. The practice of adjudicating facial

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