Corpus ID: 39249337

Strategic Facial Challenges

  title={Strategic Facial Challenges},
  author={David H. Gans},
In United States v. Salerno, the Supreme Court announced the rule that a facial challenge will succeed only if the statute is unconstitutional in all of its possible applications. In this Article, I argue that this limitation is mistaken, and that a court may facially invalidate a statute for strategic reasons, that is, when facial invalidation is a better means of enforcing constitutional rights than case by case adjudication. Strategic facial challenges represent a form of constitutional… Expand
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