What is the test for a plaintiff to successfully challenge the constitutionality of a statute that prohibits the use of the word "as applied"?

MultiRegion, United States of America

The following excerpt is from Compassion in Dying v. State of Wash., 79 F.3d 790 (9th Cir. 1996):

Statutes are ordinarily challenged, and their constitutionality evaluated, "as applied"--that is, the plaintiff contends that the application of the statute in the particular context in which he has acted, or in which he proposes to act, would be unconstitutional. The practical effect of holding a statute unconstitutional "as applied" is to prevent its future application in a similar context but not to render it utterly inoperative. To achieve the latter result, the plaintiff must succeed in challenging the statute "on its face." Our traditional rule has been, however, that a facial challenge must be rejected unless there exists no set of circumstances in which the statute can constitutionally be applied. See, e.g., United States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 2100, 95 L.Ed.2d 697 (1987).

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