Wednesday, July 2, 2008

The Uncertain Future of Facial Challenges in the Roberts Court

ABA Journal: Supreme Court Report: About Face, by David G. Savage:Supreme_court_3

The U.S. Supreme Court under Chief Justice John G. Roberts Jr. has been sending a message to lawyers who want to challenge state laws as unconstitutional. It goes like this: Show us the proof. Be specific. And if you want us to throw out an entire law because it may infringe the rights of a few people, you may be wasting your time.

Here’s another way to say it: Facial challenges are out. As-applied challenges are in.

The article discusses the particular impact of this trend on abortion cases.  Shortly after Gonzales v. Carhart was decided, I wrote this post on the decision's implications for facial vs. as-applied challenges.

https://lawprofessors.typepad.com/reproductive_rights/2008/07/the-uncertain-f.html

Abortion, Gonzales v. Carhart, In the Courts, Supreme Court | Permalink

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