Absolutely correct. There has to be measurable damages.
I would imagine having a drone missile up family member's butt would qualify.... after the fact.
If I were king, we would have automatic judicial review for constitutionality with the understanding that there is a huge difference between the constitutionality of a law and the constitutionality of the implementation of the law.
Challenges for implementation must wait for actual damages, but a judicial review of the constitutionality of the law should, in my opinion, be allowed prior to any damages. Actually, I feel strongly that it SHOULD occur before any damages, not after.
But last time I looked, I ain't king.