Differences Between Facial and As-Applied Challenges to the Constitutionality of a Statute
Courts in the U.S. classify lawsuits that challenge the constitutionality of a statute into two categories: facial challenges and as-applied challenges. The distinction between the two is clear in many situations, but sometimes it can get murky.
One important distinction involves the plaintiff’s goals and the outcome if the plaintiff prevails in the lawsuit. A facial challenge could result in the invalidation of an entire statute. An as-applied challenge, on the other hand, could lead to a ruling that narrows a statute’s effect. The timing of the lawsuit also differs. Implicit in the term “as-applied challenge” is the requirement that the statute has already taken effect. A plaintiff bringing a facial challenge might be able to file sooner.