No. of Recommendations: 4
So...if you had heard the case and been on the court, we would have a 7-3 decision?
Don't know. I only read the opinions. I didn't read the underlying briefs, much less the entire appendices that contain the entire record below - and I certainly didn't go back and re-read all the case law on standing. The Justices get hit with a lot of information and arguments - I'm just reading the distillation of all that in the opinion and dissents.
However, I'm generally sympathetic to the idea that if there's an argument that a governmental action will violate the constitution, the point where that argument becomes an actual "case" between the parties doesn't occur when the agency hasn't even begun to draft the proposed rule. That doesn't seem absurd to me.
