First Choice Women’s Resource Centers, Inc. v. Davenport · ¶21

As this case comes to us, it centers on the injury-in-fact element. To satisfy that element, a case must involve “an injury that is concrete, particularized, and actual or imminent.” Id., at 111 (internal quotation marks omitted). Because this standard tolerates suits involving “actual or imminent” injuries, a party need not always wait for the government to take coercive action against it before filing suit to challenge the government's conduct. Instead, a litigant may bring a pre-enforcement suit seeking prospective relief against government officials so long as it faces “a credible threat of enforcement.” See Susan B. Anthony List v. Driehaus, 573 U. S. 149, 161, 164–167 (2014).

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