Facial Challenge

Definition

A lawsuit arguing that a law or regulation is broadly invalid in all or most of its applications, rather than only unlawful in a specific case. Facial challenges are difficult to win because the challenger must show the law fails generally, not just in one marginal instance.

Examples

• •Respondents' lawsuit arguing ATF's entire rule was unauthorized by the Gun Control Act, without pointing to any specific product the rule wrongly classified as a firearm

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