Alvin Mansour, et al. v. Nevada Department of Business and Industry, Real Estate Division

This petition concerns Article III standing to argue that an occupational licensing restriction is facially unconstitutional. At issue here is Nevada’s licensing regime for commercial real estate brokering. But the rules govern standing to challenge any licensing regime at both the state and federal levels. Parties facing a facially unconstitutional licensing restriction must choose: Submit or stand your ground. The circuits are split 3-5. Three circuits make the regulated party submit—i.e., comply (or try) with the licensing restriction before challenging it as facially unconstitutional. Five circuits let the regulated party stand their ground—i.e., defy the licensing restriction, get penalized, and assert its facial unconstitutionality as a defense to the penalty. Petitioners stood their ground and got punished but were denied standing. The question presented is: Whether Article III standing to challenge a licensing restriction as facially unconstitutional requires that the challenger first submit to the challenged restriction.