Our companion case in the Sixth Circuit tees up the issue:

https://www.buckeyeinstitute.org/issues/detail/ream-v-us-dep...

See the opening brief.

Thank you for your work here. Overcoming the argument that a threat of prosecution doesn't create standing is a huge advancement for the cause of freedom-- in light of Babbitt the state never should have been arguing otherwise nor should the lower court have ruled that way but they were and that line of argument is protecting a lot of facially unconstitutional law.