Trump v. California · ¶25
The District Court’s conclusion that this internal directive inflicts an Article III injury on the States necessarily rests on an “attenuated chain of inferences.” Clapper, 568 U. S., at 414–415, n. 5. At the time this suit was filed—the time when standing is measured—the District Court had to engage in a string of speculations to find this suit justiciable. It first had to speculate about whether the Postal Service would propose a rule. Then it had to speculate about how the agency would weigh the comments it received. Cf. Perez v. Mortgage Bankers Assn., 575 U. S. 92, 96 (2015) (emphasizing that agencies typically “must consider and respond to significant comments”). Then it had to speculate about whether the agency would issue a final rule. See Long Island Care at Home, Ltd. v. Coke, 551 U. S. 158, 175 (2007) (explaining that a proposed rule is “simply a proposal,” and an agency…Read in context ›
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