Wednesday, July 9, 2008

“Facial Challenges Are Out”

David G. Savage writes this article in July’s issue of the ABA Journal discussing the movement of civil rights cases in the Supreme Court. As he puts it: “Facial challenges are out. As-applied challenges are in.” Recent cases reveal that the Roberts court has placed a heavy burden of persuasion on plaintiffs seeking to have state laws ruled facially unconstitutional. –Counseller/nc

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