Great, so you've read a blog and you learned a word. Good for you. There's still no civil opportunity to challenge government behavior in a vacuum. Article III Section 2 requires a "case or controversy."

You're trying to have it both ways. Maybe we shouldn't worry about parallel construction because it's harmless and would never send any of us to prison, and maybe we shouldn't worry about it because there's nothing we can do to stop a determined governmental bad actor, but you can't claim both, clearly contradictory, propositions in the same thread.