Bost v. Illinois Bd. of Elections · ¶34
Pocketbook harm is a traditional Article III injury. Tyler v. Hennepin County, 598 U. S. 631, 636 (2023). That is so not only when a law directly imposes costs on a plaintiff, see, e. g., McGowan v. Maryland, 366 U. S. 420, 430–431 (1961) (profts lost from Sunday-closing law), but also when a plaintiff “reasonably incur[s] costs to mitigate or avoid” the “ `substantial risk' ” of a harm caused by a statute, Clapper, 568 U. S., at 414, n. 5 (collecting cases). For instance, in Mon santo Co. v. Geertson Seed Farms, farmers of conventional alfalfa sought injunctive relief against a rule deregulating (and thus permitting) the planting of genetically modified alfalfa. 561 U. S. 139, 153–154 (2010). The farmers “established a reasonable probability that their organic and conventional alfalfa crops will be infected with the engineered gene” through cross-contamination. Id., at 153 (internal…Read in context ›
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