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MOODY v. NETCHOICE, LLC
THOMAS, J., concurring in judgment
limitation of federal-court jurisdiction to actual cases or
controversies.” Simon v. Eastern Ky. Welfare Rights Organization, 426 U. S. 26, 37 (1976). Because that requirement
precludes courts from judging and enjoining statutes as applied to nonparties, the Court should discontinue the practice of facial challenges.
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The Court has recognized the problems that facial challenges pose, emphasizing that they are “disfavored,” Washington State Grange, 552 U. S., at 450, and “best when infrequent,” Sabri, 541 U. S., at 608. The Court reiterates
those sentiments today. Ante, at 9, 30. But, while sidelining facial challenges provides some measure of relief, it ignores the real problem. Because federal courts are bound
by Article III’s case-or-controversy requirement, holding a
statute unconstitutional as applied to nonparties is not
simply disfavored—it exceeds the authority granted to federal courts. It is high time the Court reconsiders its facial
challenge doctrine.