0

What is the legal effect of a successful "as applied" challenge? Does it cancel out the whole law or just create new enforcement guidelines which suggest that the applied conduct should not be punished?

1 Answer 1

1

It doesn't invalidate the whole law; an as-applied challenge means you're not saying "this law is generally unconstitutional," you're saying "this law cannot constitutionally be applied to me." A successful as-applied challenge means that the court rules that the law can't be applied in the case in question; this sets a precedent that it can't be applied in similar cases, but leaves it intact in general.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .