Thomas v. Anchorage Equal Rights Commission

I respectfully dissent.

I agree with Judge O’Scannlain that under the law as it stood until today, plaintiffs had standing and their case was ripe.1 They still do, under controlling Supreme Court law on standing.

We cannot and should riot shut the courthouse door to these litigants. The majority takes the position that there is no genuine controversy, because plaintiffs have no genuine and substantial risk that the law they challenge will be enforced against them. That proposition is unsupported by the record.

The majority’s discussion about the history of enforcement does not support its…