re: #181 Gus 802
Again, what was resolved was the lack of standing. Once you do not have standing to bring the case, the rest is mooted, and they will not rule on its merits.

The Supreme Court in some other countries, France and Germany if I remember correctly, will rule on hypotheticals if brought by the legislature. [If we pass this bill is it constitutional sort of thing.] Our system is such that you can only bring a case if there is concrete harm and have standing to do so. I cannot sue because my neighbor has been harmed if I have not been. I can not sue if I might be harmed. I can only bring a case before the court and have standing if I have been harmed. It purges the docket in the US from a lot of what if sort of cases, and that is probably the best. But the impossibility of getting standing under Hollander v. McCain bothers me.