Molloy is playing games ?
Yeah, that’s it exactly. If it’s unconstitutional, that ought to trump everything else.
But I think that what has happened, is that Congress started this way way back by telling courts they couldn’t review taxes until they were paid. And the courts accepted it, because it dramatically reduced the frivolous filings and their workload.
The end result is this crazy doctrine that plantiffs don’t have standing until after the plantiff has actually suffered harm, nevermind how much harm is bearing down on poor plantiff.