Colloquies like this in United States v. Bond make me wish that Nick Rosenkranz was arguing, full steam ahead, to overrule Missouri v. Holland:
JUSTICE KAGAN: That sounds like a facial challenge. Now, I thought that you made very careful to talk about that this was an as-applied challenge to this particular prosecution.
MR. CLEMENT: Well, that’s because the only relief I’m seeking is to have my client’s conviction vacated. So this is the classic as-applied challenge. Now, the reasoning that the Court may employ in vindicating my as-applied challenge may suggest that the statute is unconstitutional in some or all of different applications, but our claim has always been that the -
Btw, the exchanges between Kagan and Clement are at such a high level. It reminds me of their discussions in Windsor. It is a joy to read.