What is considered hardship when a plaintiff challenges a statute or regulation?

When a plaintiff challenges a statute or regulation, hardship is more likely if the statute has a direct effect on the plaintiff's day-to-day operations. See Texas v. United States , 523 U.S. at 301, 118 S.Ct. 1257. Hardship is less likely if the statute's effect is abstract. See id. (rejecting argument that ongoing threat to federalism or threat to personal freedom could constitute hardship unless the person's primary conduct is affected). The court may also consider whether the parties' dispute may be adjudicated more concretely in a later proceeding, or if the denial of relief would foreclose later resolution.

[153 F.Supp.3d 1194]

See Thomas , 220 F.3d at 1142 ; Am.Arab AntiDiscrimination Comm. , 970 F.2d at 511.