18 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. * * * 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.

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