Thomas, J., concurring
adult adoption; he charged them up to $10,000 apiece, knowing full well that his scheme would not lead to citizenship. The Ninth Circuit even acknowledged below that “it is clear,” both “from previous convictions under the statute … and likely from [respondent’s] conduct here, that [§1324(a)(1)(A)(iv)] has at least some ‘plainly legitimate sweep.’ ” 25 F. 4th 1103, 1106–1107 (2022).
Yet, instead of applying Congress’ duly enacted law to respondent, the Ninth Circuit held the statute unconstitutional under this Court’s facial overbreadth doctrine. Specifically, it took the doctrine as license to “speculate about imaginary cases and sift through an endless stream of fanciful hypotheticals,” from which it concluded that the statute may be unconstitutional as applied to other (hypothetical) individuals in other (hypothetical) situations. 40 F. 4th 1049, 1071 (2022) (Bumatay, J., dissenting from denial of rehearing en banc) (internal quotation marks omitted). It then tallied up those hypothetical constitutional violations and determined that they were “substantial” enough to warrant holding the law unconstitutional in toto. 25 F. 4th, at 1109–1111. That line of reasoning starkly demonstrates that this Court’s facial overbreadth doctrine offers a license for federal courts to act as “roving commissions assigned to pass judgment on the validity of the Nation’s laws.” Broadrick v. Oklahoma, 413 U. S. 601, 610–611 (1973) (majority opinion of White, J.).
Such “roving commissions” are hardly a new idea. When they met in 1787, the Constitution’s Framers were well aware of a body that wielded such power: the New York Council of Revision (Council). Created by the New York Constitution of 1777, the Council consisted of the Governor, the Chancellor, and the judges of the New York Supreme Court. 2 B. Poore, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States 1328, 1332 (2d ed. 1878). Noting that “laws inconsistent with the spirit of this constitution, or with the public
