6
MOODY v. NETCHOICE, LLC
THOMAS, J., concurring in judgment
branch [is vested] with an exclusive form of power,” and “no
branch can encroach upon the powers confided to the others.” Patchak v. Zinke, 583 U. S. 244, 250 (2018) (plurality
opinion) (internal quotation marks omitted). In the Judicial Branch’s case, it is vested with the “ultimate and supreme” power of judicial review. Chicago & Grand Trunk
R. Co. v. Wellman, 143 U. S. 339, 345 (1892). That power
includes the authority to refuse to apply a statute enacted
and approved by the other two branches of the Federal Government. But, the power of judicial review can be wielded
only in specific circumstances and to limited ends—to resolve cases and controversies. Without that limitation, the
Judiciary would have an unchecked ability to enjoin duly
enacted statutes. Respecting the case-or-controversy requirement is therefore necessary to “preven[t] the Federal
Judiciary from intruding upon the powers given to the other
branches, and confin[e] the federal courts to a properly judicial role.” Town of Chester v. Laroe Estates, Inc., 581 U. S.
433, 438 (2017) (internal quotation marks and alteration
omitted).
2
Facial challenges conflict with Article III’s case-orcontroversy requirement because they ask a federal court
to decide whether a statute might conflict with the Constitution in cases that are not before the court.
To bring a facial challenge under our precedents, a plaintiff must ordinarily “establish that no set of circumstances
exists under which the Act would be valid.” United States
v. Salerno, 481 U. S. 739, 745 (1987). In the First Amendment context, we have sometimes applied an even looser
standard, called the overbreadth doctrine. The overbreadth
doctrine requires a plaintiff to establish only that a statute
“prohibits a substantial amount of protected speech,” “relative to [its] plainly legitimate sweep.” United States v. Williams, 553 U. S. 285, 292 (2008).