Also known as: as-applied · as-applied challenge · as applied challenge
Written by attorneys · grounded in primary & secondary sources — see below
A method of challenge asserting that a statute, regulation, or other legal rule violates applicable law in its application to the particular facts of the plaintiff's situation. The challenge succeeds only if the rule produces an unlawful result when enforced against the challenger. A successful claim leaves the rule intact for enforcement against other parties.
Andre Antoine owns a parcel zoned for residential use only. He applies for a permit to operate a small manufacturing shop. City officials deny the permit under the zoning ordinance. Andre sues claiming the denial deprives him of all beneficial use of the land without advancing public health or safety. The court examines whether the ordinance produces an unconstitutional result when enforced against Andre's specific parcel.
Adam Anderson creates a trust and later attempts to revoke it without trustee consent. The trustee objects that revocation requires consent under the trust terms. Adam argues the trust is revocable as applied to him because he retained sole power to revoke without adverse-party approval. The court determines whether the revocation power operates validly in this settlor's circumstances.
Select any source to read its text and confirm it supports the definition.
Aether Technologies adopts a bylaw requiring directors to have served as officers in the same industry. Amber Alonzo, a nominee with extensive finance experience but no industry officer service, is rejected. She challenges the bylaw as unreasonable when applied to her background and the corporation's needs. The court assesses whether the qualification produces a lawful result in this nomination context.
Alice Atkins, a physician, seeks to perform an abortion for a patient whose health would be endangered by the statutory procedure ban. She sues claiming the ban violates due process when enforced against this medical situation. The court considers whether the statute produces an unconstitutional result as applied to Alice's patient.
Atlas Ventures, an out-of-state corporation, maintains minimal contacts in the forum through occasional sales representatives. The state seeks to enforce employment taxes against it. The company challenges the long-arm statute as unconstitutional when applied to its limited activities. The court evaluates whether jurisdiction produces a due-process violation in this specific enforcement setting.
Ava Adebayo owns Grand Central Terminal and seeks to build an office tower above it. The city denies the permit under the landmarks law. She claims the denial effects a taking when applied to the terminal's air rights and economic value. The court examines whether the restriction produces an unconstitutional result in this property's circumstances.
An as-applied challenge claims the statute produces an unconstitutional result when enforced against the particular plaintiff. A facial challenge asserts the statute is invalid in every application. A successful as-applied claim leaves the statute on the books for other parties.
Supporting sources
No. The statute remains enforceable against other parties whose situations do not produce the same constitutional violation. Only the application to the successful plaintiff is barred.
Supporting sources
Courts may uphold a statute against facial attack yet still entertain later as-applied claims when the statute produces unconstitutional results in particular circumstances, such as when a health exception becomes necessary in an abortion regulation.
Supporting sources
…impose these selfsame statutory limitations on abortion. My understanding of past practice is that a statute found to be invalid as applied to a particular plaintiff, but not unconstitutional as a whole, is not simply "struck down" but is, instead, declared unconstitutional as applied to the fact situation before the Court.…