D.H. GINSBURG, Circuit Judge, concurring: I concur in the judgment and in all of the Court’s opinion except the discussion of the hardship element of ripeness, which is, by the Court’s own description, “largely irrelevant in a case of this sort,” supra at 493, or “[i]n this case ... moot.” Id. at 493 n. 10. That portion of the opinion addresses an issue that was not contested before us and…
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