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7. May the federal court determine the merits of this suit?
Congress recently enacted a statute imposing severe criminal penalties on anyone engaged in trading in the stock market who, in the course of that trading, takes «unfair advantage» of other investors who are also trading in the stock market. The statute does not define the term «unfair advantage.» There have been no prosecutions under this new statute. The members of an association of law school professors that is dedicated to increasing the clarity of the language used in criminal statutes believe that this statute is unconstitutionally vague. Neither the association nor any of its members is currently engaged in, or intends in the future to engage in, trading in the stock market. The association and its members bring suit against the Attorney General of the United States in a federal district court, seeking an injunction against the enforcement of this statute on the ground that it is unconstitutional.
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A is incorrect. The presence of a constitutional question cannot make up for a lack of standing.
B is incorrect. Although the remedy the plaintiffs seek will redress the injury caused others by this statute, they themselves have no injury, and lack standing.
D is incorrect. A suit to enjoin enforcement of a statute can be brought before a bona fide effort to enforce the statute unless it is clear that the executive plans never to enforce it. An imminent injury is present when someone could be subject to prosecution at any time.