In light of the holding in https://www.supremecourt.gov/opinions/20pdf/20-297_4g25.pdf it could get interesting to see if the State's response is to seek an MSJ for failure to show a concrete harm.
Haven't had time to fully parse the TransUnion case (which dealt with OFAC listings not being fully disclosed) but it was a case that, at first blush, seems in its holding to tie standing in a federal case to a showing of 'concrete harm.' And absent a concrete harm under the new Georgia law, standing would not exist at this time precisely because abstract hypothetical is NOT concrete harm...
I did find it interesting that Thomas and Kagan were both in on the dissent...not a mix you expect to see often.
Haven't had time to fully parse the TransUnion case (which dealt with OFAC listings not being fully disclosed) but it was a case that, at first blush, seems in its holding to tie standing in a federal case to a showing of 'concrete harm.' And absent a concrete harm under the new Georgia law, standing would not exist at this time precisely because abstract hypothetical is NOT concrete harm...
I did find it interesting that Thomas and Kagan were both in on the dissent...not a mix you expect to see often.