Qustion: regarding the "FREE SPEECH AND LGBT RIGHTS" ruling by Supreme Court....

[FarPoint]

We all now know that this is a " set-up" hypothetical case and no injury occurred....So, my question is....How did this get to the Supreme Court without being vetted for fact/injury? Did this not go through the protocol court hearings steps wherein cases are appealed and then finally reach the Supreme Court?

I don't know the answer but I know this typically can take years to move up through the courts first....Did this just bypass said steps?

[Effete Snob]

1. It was filed in 2016 in the US District Court

You’ve been misinformed about the basis of the case.

And, yes, your question is indeed your skepticism functioning properly.

Nobody’s been arrested for performing an abortion in any of the pending abortion restriction litigation either.

They were seeking a pre-enforcement injunction and the State of Colorado stipulated they would take action against the proposed behavior. The case was not premised on a fake request to build a website.

That is not an unusual posture for a case of that kind and none of Sotomayor, Kagan and Jackson had a problem with it. Nobody got an abortion in Roe v. Wade either.

There have been several threads about it on DU already.

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=18061769

This is what the 10th Circuit said, and with which no one on the Supreme Court disagreed:

[onenote]

2. This has been addressed numerous times here. For starters the case began in 2016.

So, no it did not bypass any steps. The case was filed in 2016. Between September 2017 and September 2019, the District Court issued three different rulings at different stages of the case (and the Tenth Circuit issued one). The District Court's September 2019 decision was appealed to the Tenth Circuit, which affirmed the District Court on the merits (but disagreed with the District Court's previous ruling that the plaintiff lacked standing ). A petition for certiorari was filed with the Supreme Court by the plaintiffs in September 2021. The Court granted cert in February 2022 and the parties filed their written briefs between May and September 2022. Oral argument in the case was held in December 2022 and the decision was issued in June 2023.

Also the case was not a "set-up" hypothetical case. Preemptive challenges to block an allegedly unconstitutional law from being enforced are common. Take note, for example, of the cases challenging new abortion bans or bans on gender affirming therapy that are brought before those laws take effect.

On edit: In addition to the post linked in Effete Snob's reply, another good discussion debunking a lot of the misunderstandings surrounding the case can be found here:

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=18061912

[FarPoint]

3. Thank you.