> Is that a semantic difference, or do you think there’s something substantive to it?

"Public interest" today implies a conflict with private interests: a new sports arena, "affordable" housing, protecting domestic jobs. So no, government-as-plaintiff doesn't count.

Personally, I'd define the public interest as interests common to all men: freedom, not sacrifices of some to others. But that's not the modern meaning of it.

> Does the government have to wait until there’s demonstrable harm

Anticipating harm is proper when the decision is irreversible. Example: nobody has a right to physically block a public entrance. That's a right violation you can prohibit in advance. Same with pollution: objective laws ("you may not emit substance X beyond concentration Y") set a clear boundary without dictatign production methods.

But there's no harm to anticipate in, say, Lightning vs. USB-C.

> your premise that The Courts are separate from The State

If you got it from the way I contrasted courts with regulatory agencies, I actually contrasted the way the state can wield force: retaliatory (proper) vs initiatory (improper). Other than that, the courts and state aren't separated.