Cite as: 603 U. S. ____ (2024)
9
THOMAS, J., concurring in judgment
act.” Massachusetts v. Mellon, 262 U. S. 447, 488 (1923).
Resolving facial challenges thus violates Article III.1
3
Adjudicating facial challenges also intrudes upon powers
reserved to the Legislative and Executive Branches and the
States. When a federal court decides an issue unnecessary
for resolving a case or controversy, the Judiciary assumes
authority beyond what the Constitution granted. Supra, at
5–6. That necessarily alters the balance of powers: When
one branch exceeds its vested power, it becomes stronger
relative to the other branches. See Free Enterprise Fund v.
Public Company Accounting Oversight Bd., 561 U. S. 477,
500 (2010).
Moreover, by exceeding their Article III powers, federal
courts risk interfering with the executive and legislative
functions. Facial challenges enable federal courts to review
the constitutionality of a statute in many or all of its applications—often before the statute has even been enforced.
In practice, this provides federal courts a “general veto
power . . . upon the legislation of Congress.” Muskrat, 219
U. S., at 357. But, the Judicial Branch has no such constitutional role in lawmaking. When courts take on the supervisory role of judging statutes in the abstract, they thus “assume a position of authority over the governmental acts of
another and co-equal department, an authority which
plainly [they] do not possess.” Mellon, 262 U. S., at 489.
Comparing the effects of as-applied challenges and facial
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1 This is not to say that federal courts can never adjudicate a constitutional claim if a plaintiff styles it as a facial challenge. Whenever a plaintiff alleges a statute is unconstitutional in many or all of its applications,
that argument nearly always includes an allegation that the statute is
unconstitutional as applied to the plaintiff. Federal courts are free to
consider challenged statutes as applied to the plaintiff before them and
limit any relief accordingly. See generally Americans for Prosperity
Foundation v. Bonta, 594 U. S. 595, 618–619 (2021); id., at 621 (THOMAS,
J., concurring in part and concurring in judgment).