Something's curious about the web designer's SCOTUS case...

[onenote]

17. Pre-enforcement standing is a well-recognized legal principle

The Tenth Circuit found a legitimate basis for pre-enforcement standing (without relying on the email ) and the Supreme Court found neither side was challenging the Tenth Circuit's conclusions (and the dissent doesn't discuss the standing issue):

"Ultimately, the district court ruled against Ms. Smith. 405 F. Supp. 3d 907, 912 (Colo. 2019). So did the Tenth Circuit. 6 F. 4th, at 1168. For its part, the Tenth Circuit held that Ms. Smith had standing to sue. In that court’s judgment, she had established a credible threat that, if she follows through on her plans to offer wedding website ser- vices, Colorado will invoke CADA to force her to create speech she does not believe or endorse. Id., at 1172–1175. The court pointed to the fact that “Colorado has a history of past enforcement against nearly identical conduct—i.e., Masterpiece Cakeshop”; that anyone in the State may file a complaint against Ms. Smith and initiate “a potentially burdensome administrative hearing” process; and that “Colorado [has] decline[d] to disavow future enforcement” proceedings against her. Id., at 1174. Before us, no party challenges these conclusions."