The Spectacle Blog

Ayotte: Standards for Facial Challenges

By on 11.30.05 | 11:46AM

Solicitor General Paul Clement: Ayotte isn't even meeting a large fraction of cases in which the statute would be invalid.

Souter: That was true in Casey.... After Casey, I don't think one could plausibly argue that Salerno is the standard....

Kennedy: If not Casey or Salerno, how should I rule?

Clement: In favor of the state... their case is based on a one in a thousand possibility.

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