14 MOODY v. NETCHOICE, LLC THOMAS, J., concurring in judgment authority to resolve private disputes between particular parties, rather than matters affecting the general public.” Ibid. (internal quotation marks omitted). They considered judges “of all men the most unfit to have a veto on laws before their enactment.” Ibid. (internal quotation marks omitted). Therefore, they refused to enlist judges in the business of reviewing statutes other than “as an issue for decision in a concrete case or controversy.”3 Ibid. For more than a century following the founding, the Court generally adhered to the original understanding of the narrow scope of judicial review. When the Court first discussed the concept of judicial review in Marbury v. Madison, it made clear that such review is limited to what is necessary for resolving “a particular cas[e]” before a court. 1 Cranch, at 177; see also supra, at 5–6. And, in case after case that followed Marbury, the Court reiterated that federal courts have no authority to reach beyond the parties before them to facially invalidate a statute.4 —————— 3 “The later history of the New York Council of Revision demonstrates the wisdom of the Framers’ decision.” United States v. Hansen, 599 U. S. 762, 790 (2023) (THOMAS, J., concurring). The Council’s ability to lodge objections proved significant: “Over the course of its existence, [the Council] returned 169 bills to the legislature; the legislature, in turn, overrode only 51 of those vetoes and reenacted at least 26 bills with modifications.” Ibid. The Council did not shy away from controversial or weighty matters either. It vetoed, among other things, “a bill barring those convicted of adultery from remarrying” and a bill “declar[ing] Loyalists aliens.” Ibid. In fact, the bill authorizing the Erie Canal’s construction—“one of the most important measures in the Nation’s history—survived the Council’s review only because Chancellor James Kent changed his deciding vote at the last minute, seemingly on a whim.” Ibid. Concerns over the Council’s “intrusive involvement in the legislative process” eventually led to its abolition in 1820. Ibid. 4 See, e.g., Austin v. Aldermen, 7 Wall. 694, 699 (1869) (holding that the Court could “only consider the statute in connection with the case before” it and thus “our jurisdiction [wa]s at an end” once it “ascertained that [the case] wrought no effect which the act forbids”); Liverpool, New York & Philadelphia S. S. Co. v. Commissioners of Emigration, 113 U. S. 33, 39 (1885) (the Court “has no jurisdiction to pronounce any statute . . .

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