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For this reason, the ACLU's facial challenge to Section 201 is unavailing.
A facial challenge asks the Court to throw out the whole law.
A facial challenge must fail where the statute has a " 'plainly legitimate sweep.' " Id., at ____
The district court dismissed both the inmates' facial challenge and Mr. Bucklew's as-applied challenge.
Ultimately, the Eighth Circuit affirmed the dismissal of the facial challenge.
In the context of this facial challenge, providing the right to review suffices.
Similar(15)
Dorf, Michael C., "Facial Challenges to State and Federal Statutes" (1994).
Although Scalia dissented, he did agree about the Court's openness to facial challenges.
The McConnell Court applied this interest in rejecting facial challenges to §§201 and 311.
Confining Glossip's "alternative method" requirement to facial challenges would help to reconcile them.
Justice Scalia interrupted the debate over the law's impact in order to frame his argument against facial challenges.
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