Sentence examples for facial challenges from inspiring English sources

Although Scalia dissented, he did agree about the Court's openness to facial challenges.

Justice Scalia interrupted the debate over the law's impact in order to frame his argument against facial challenges.

"We first clarify that facial challenges under the Fourth Amendment are not categorically barred or especially disfavored," Sotomayor wrote.

In particular, she said, the Court's precedents showed not only that "facial challenges to statutes authorizing warrantless searches can be brought, but also that they can succeed".

The Roberts court has looked askance at some facial challenges to statutes, and the tenor of the argument suggested that it will take a similar attitude here.

There is a school of legal thought, which Alito seems to endorse, that holds that facial challenges, invoking the Fourth Amendment, of statutes authorizing searches should almost never be permitted, or should at least be extremely hard to win.

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.

In the administration's brief, Solicitor General Paul D. Clement urged the justices to uphold "principles of judicial restraint" by rejecting the facial challenge.

"The reason they are bringing a facial challenge is because the horse is going to be out of the barn," she said.

Such an approach, known as a "facial challenge," is the standard way of attacking election regulations like the poll taxes that the Supreme Court struck down in the 1960s and more recent redistricting and ballot-access cases.