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Simple English definitions for legal terms
as-applied challenge
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A quick definition of as-applied challenge:
An as-applied challenge is when someone says that a law or rule is okay in general, but it's not okay in their specific situation. They think it's unfair or discriminatory to them. For example, a law might be okay for most people, but it might be unfair to someone with a disability. They can make an as-applied challenge to say that the law is not fair to them.A more thorough explanation:
An as-applied challenge is a claim that a law or governmental policy, although constitutional on its face, is unconstitutional as applied to a particular party or situation. This is usually due to a discriminatory effect. For example, a law that requires all employees to work on Saturdays may be constitutional on its face, but if it disproportionately affects employees who observe the Sabbath, it may be unconstitutional as applied to them.
One example of an as-applied challenge is a Batson challenge, which is an objection that an opposing party has used a peremptory challenge to exclude a potential juror on the basis of race, ethnicity, or sex. Another example is a constitutional challenge, which is a claim that a law or governmental action is unconstitutional.
For instance, if a law requires all citizens to recite a specific prayer in school, it may be unconstitutional as it violates the First Amendment's Establishment Clause. A facial challenge, on the other hand, is a claim that a statute is unconstitutional on its face, meaning that it always operates unconstitutionally.
Overall, an as-applied challenge is a legal claim that a law or policy is unconstitutional when applied to a specific situation or party, even if it is constitutional on its face.