United States v. Salerno

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In United States v. Salerno, 481 U.S. 739, 745 (1987), the U.S. Supreme Court held that a facial challenge to a statute can succeed only if there are no circumstances in which the statute may be applied constitutionally.

"[T]he challenger must establish that no set of circumstances exists under which the Act would be valid" to succeed on a facial challenge. 481 U.S. 739, 745 (1987). See also Rancho Viejo, LLC v. Norton, 334 F.3d 1158, 1160 (D.C. Cir. 2003), cert. denied, 541 U.S. 1006 (2004) (Roberts, J., dissenting) (noting that "a facial challenge can succeed only if there are no circumstances in which the Act at issue can be applied without violating the" Constitution).

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