successful facial challenge (Illinois) · Go Syfert
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successful facial challenge in Illinois

35 Illinois opinions name it 2 courts 2006–2025 8 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Morr-Fitz, Inc. v. Blagojevichgreen
ill · 2008 · cited in 10 Illinois opinions naming this issue, 2008–2024
2 sentences

2024“A -7- party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objecti

2024“A party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objectionab

810
National Endowment for the Arts v. Finleygreen
scotus · 1998 · cited in 7 Illinois opinions naming this issue, 2011–2020
2 sentences

2020Since a successful facial challenge will void the statute for all parties in all contexts, “ ‘[f]acial invalidation “is, manifestly, strong medicine” that “has been employed by the court sparingly and only as a last resort.” ’ ” Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009) (quoting National Endowment for the Arts v. Finley, 524 U.S. 569, 580 (1998), quoting Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)).

2019Since a successful facial challenge will void the statute for all parties in all contexts, “facial invalidation is, manifestly, strong medicine that has been employed by the court sparingly and only as a last resort.” (Internal quotation marks omitted.) Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009) (quoting National Endowment for the Arts v. Finley, 524 U.S. 569, 580 (1998), quoting Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)).

67
Napleton v. Village of Hinsdalegreen
ill · 2008 · cited in 12 Illinois opinions naming this issue, 2008–2025
2 sentences

2024“A -7- party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objecti

2024“A party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objectionab

512
Pooh-Bah Enterprises, Inc. v. County of Cookgreen
ill · 2009 · cited in 7 Illinois opinions naming this issue, 2011–2020
2 sentences

2020Since a successful facial challenge will void the statute for all parties in all contexts, “ ‘[f]acial invalidation “is, manifestly, strong medicine” that “has been employed by the court sparingly and only as a last resort.” ’ ” Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009) (quoting National Endowment for the Arts v. Finley, 524 U.S. 569, 580 (1998), quoting Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)).

2019Since a successful facial challenge will void the statute for all parties in all contexts, “facial invalidation is, manifestly, strong medicine that has been employed by the court sparingly and only as a last resort.” (Internal quotation marks omitted.) Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009) (quoting National Endowment for the Arts v. Finley, 524 U.S. 569, 580 (1998), quoting Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)).

57
Broadrick v. Oklahomagreen
scotus · 1973 · cited in 6 Illinois opinions naming this issue, 2011–2020
2 sentences

2020Since a successful facial challenge will void the statute for all parties in all contexts, “ ‘[f]acial invalidation “is, manifestly, strong medicine” that “has been employed by the court sparingly and only as a last resort.” ’ ” Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009) (quoting National Endowment for the Arts v. Finley, 524 U.S. 569, 580 (1998), quoting Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)).

2019Since a successful facial challenge will void the statute for all parties in all contexts, “facial invalidation is, manifestly, strong medicine that has been employed by the court sparingly and only as a last resort.” (Internal quotation marks omitted.) Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009) (quoting National Endowment for the Arts v. Finley, 524 U.S. 569, 580 (1998), quoting Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973)).

56
The Hope Clinic for Women, Ltd. v. Floresgreen
ill · 2013 · cited in 5 Illinois opinions naming this issue, 2014–2019
2 sentences

2019People v. Harris, 2018 IL 121932, ¶ 38 . “ ‘The fact that the statute might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid.’ ” Rizzo, 2016 IL 118599, ¶ 24 (quoting Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673, ¶ 33 ).

2018People v. Harris , 2018 IL 121932 , ¶ 38, 427 Ill.Dec. 833 , 120 N.E.3d 900 . " 'The fact that the statute might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid.' " Rizzo , 2016 IL 118599 , ¶ 24, 406 Ill.Dec. 488 , 61 N.E.3d 92 (quoting Hope Clinic for Women, Ltd. v. Flores , 2013 IL 112673 , ¶ 33, 372 Ill.Dec. 255 , 991 N.E.2d 745 ).

25
People v. Garvingreen
ill · 2006 · cited in 3 Illinois opinions naming this issue, 2007–2024
2 sentences

2024Id. at 117 .

2007People v. Garvin, 219 Ill. 2d 104, 117 (2006).

23
People v. Rizzogreen
ill · 2016 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019People v. Harris, 2018 IL 121932, ¶ 38 . “ ‘The fact that the statute might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid.’ ” Rizzo, 2016 IL 118599, ¶ 24 (quoting Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673, ¶ 33 ).

2018People v. Harris , 2018 IL 121932 , ¶ 38, 427 Ill.Dec. 833 , 120 N.E.3d 900 . " 'The fact that the statute might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid.' " Rizzo , 2016 IL 118599 , ¶ 24, 406 Ill.Dec. 488 , 61 N.E.3d 92 (quoting Hope Clinic for Women, Ltd. v. Flores , 2013 IL 112673 , ¶ 33, 372 Ill.Dec. 255 , 991 N.E.2d 745 ).

23
People v. Huddlestongreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2015–2016
2 sentences

2016“The invalidity of the statute in one particular set of circumstances is insufficient to prove its facial invalidity.” In re M.T., 221 Ill. 2d at 536-37 . “ ‘ “[S]o long as there exists a situation in which a statute could be validly applied, a facial challenge must fail.” ’ ” In re M.T., 221 Ill. 2d at 537 (quoting People v. Huddleston, 212 Ill. 2d 107, 145 (2004), quoting Hill v. Cowan, 202 Ill. 2d 151, 157 (2002)). ¶ 30 I.

2015“The invalidity of the statute in one particular set of circumstances is insufficient to prove its facial invalidity.” In re M.T., 221 Ill. 2d at 536-37 . “ ‘ “[S]o long as there exists a situation in which a statute could be validly applied, a facial challenge must fail.” ’ ” In re M.T., 221 Ill. 2d at 537 (quoting People v. Huddleston, 212 Ill. 2d 107, 145 (2004), quoting Hill v. Cowan, 202 Ill. 2d 151, 157 (2002)). ¶ 30 I.

22
Hill v. Cowangreen
ill · 2002 · cited in 2 Illinois opinions naming this issue, 2015–2016
2 sentences

2016“The invalidity of the statute in one particular set of circumstances is insufficient to prove its facial invalidity.” In re M.T., 221 Ill. 2d at 536-37 . “ ‘ “[S]o long as there exists a situation in which a statute could be validly applied, a facial challenge must fail.” ’ ” In re M.T., 221 Ill. 2d at 537 (quoting People v. Huddleston, 212 Ill. 2d 107, 145 (2004), quoting Hill v. Cowan, 202 Ill. 2d 151, 157 (2002)). ¶ 30 I.

2015“The invalidity of the statute in one particular set of circumstances is insufficient to prove its facial invalidity.” In re M.T., 221 Ill. 2d at 536-37 . “ ‘ “[S]o long as there exists a situation in which a statute could be validly applied, a facial challenge must fail.” ’ ” In re M.T., 221 Ill. 2d at 537 (quoting People v. Huddleston, 212 Ill. 2d 107, 145 (2004), quoting Hill v. Cowan, 202 Ill. 2d 151, 157 (2002)). ¶ 30 I.

22
People v. Grecogreen
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006People v. Greco, 204 Ill. 2d 400, 407 (2003).

2006People v. Greco, 204 Ill. 2d 400, 407 (2003).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
People v. Harris green
ill · 2018
2 sentences

2024“A -7- party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objecti

2024“A party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objectionab

52018–2024
In Re MT green
ill · 2006
2 sentences

2017“The invalidity of the statute in one particular set of circumstances is insufficient to prove its facial invalidity.” In re M.T., 221 Ill. 2d at 536-37 . ¶ 16 D.

2016“The invalidity of the statute in one particular set of circumstances is insufficient to prove its facial invalidity.” In re M.T., 221 Ill. 2d at 536-37 . “ ‘ “[S]o long as there exists a situation in which a statute could be validly applied, a facial challenge must fail.” ’ ” In re M.T., 221 Ill. 2d at 537 (quoting People v. Huddleston, 212 Ill. 2d 107, 145 (2004), quoting Hill v. Cowan, 202 Ill. 2d 151, 157 (2002)). ¶ 30 I.

32015–2017
People v. Thompson green
ill · 2015
2 sentences

2024“A -7- party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objecti

2024“A party raising a facial challenge must establish that the statute is unconstitutional under any possible set of facts, while an as-applied challenge requires a showing that the statute is unconstitutional as it applies to the specific facts and circumstances of the challenging party.” Id. “[I]n an ‘as applied’ challenge a plaintiff protests against how an enactment was applied in the particular context in which the plaintiff acted or proposed to act.” Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). “[I]f a plaintiff prevails in an as-applied claim, he may enjoin the objectionab

22024–2024
City of L. A. v. Patel green
scotus · 2015
2 sentences

2021Id. at ___, 135 S. Ct. at 2450 . ¶ 47 The Court then addressed the City’s argument that statutes authorizing warrantless searches will never satisfy the requirement for a successful facial challenge that the law must be invalid in all its applications.

2021Id. at ___, 135 S. Ct. at 2450 . ¶ 47 The Court then addressed the City’s argument that statutes authorizing warrantless searches will never satisfy the requirement for a successful facial challenge that the law must be invalid in all its applications.

22019–2021
People v. Holman red
ill · 2017
2 sentences

2018People v. Holman , 2017 IL 120655 , ¶ 29, 418 Ill.Dec. 889 , 91 N.E.3d 849 .

2018People v. Holman , 2017 IL 120655 , ¶ 29, 418 Ill.Dec. 889 , 91 N.E.3d 849 .

22018–2018
Jackson v. City of Chicago green
illappct · 2012
2 sentences

2014Jackson v. City of Chicago, 2012 IL App (1st) 111044, ¶ 25 .

2014Id.

22014–2014
Kopf v. Kelly green
ill · 2024
1 sentence

2025Id. ¶ 14 Here, plaintiff framed its claim in terms of its individual circumstances, but the circuit court broadened its ruling to encompass everyone residing or injured outside of the two named counties.

12025–2025

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (7) IL § 720 ILCS 5/24-1.6 (5) IL § 625 ILCS 5/11-501 (4) IL § 720 ILCS 550/1 (4) IL § 70 ILCS 1505/7.01 (3) IL § 720 ILCS 5/9-1 (3) IL § 720 ILCS 646/1 (3) IL § 735 ILCS 5/2-1401 (3) IL § 735 ILCS 5/2-701 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 35 (2006–2025) CA 13 (2012–2023) TX 13 (2001–2020) VA 11 (2015–2026) MI 10 (1998–2024) WA 10 (2003–2025) OH 6 (2006–2024) NY 4 (2003–2025) PA 4 (2024–2026) DC 3 (2009–2026) MO 3 (2017–2025) NC 3 (2015–2022) GA 2 (2017–2017) CO 2 (2014–2018) SC 2 (2012–2024) AL 2 (2003–2010) VT 2 (2020–2023) MA 2 (1986–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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