difficult standard (Kentucky) · Go Syfert
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difficult standard in Kentucky

27 Kentucky opinions name it 2 courts 2006–2025 21 in the last five years

The cases below were cited by Kentucky 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
Harris v. Commonwealthgreen
ky · 2011 · cited in 9 Kentucky opinions naming this issue, 2020–2025
2 sentences

2025A facial challenge is “the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the [statute] would be valid.” Harris v. Commonwealth, 338 S.W.3d 222, 229 (Ky. 2011) (internal quotation marks and citation omitted); see also Commonwealth v. Bredhold, 599 S.W.3d 409 , 415-16 (Ky. 2020).

2025A facial challenge is “the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the [statute] would be valid.” Harris v. Commonwealth, 338 S.W.3d 222, 229 (Ky. 2011) (internal quotation marks and citation omitted); see also Commonwealth v. Bredhold, 599 S.W.3d 409 , 415-16 (Ky. 2020).

99
Rust v. Sullivangreen
scotus · 1991 · cited in 6 Kentucky opinions naming this issue, 2006–2024
2 sentences

2024“It is a well established principle that ‘a facial challenge to a legislative Act is ... the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.’” Harris v. Commonwealth, 338 S.W.3d 222, 229 (Ky. 2011) (quoting Rust v. Sullivan, 500 U.S. 173, 183 (1991)).

2020“It is a well- established principle that ‘[a] facial challenge to a legislative Act is . . . the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.5” Harris v. Commonwealth, 338 S.W.3d 222, 229 (Ky. 2011) (quoting Rust v. Sullivan, 500 U.S. 173, 183 (1991)).

46
Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Co.green
ky · 1998 · cited in 3 Kentucky opinions naming this issue, 2006–2024
2 sentences

2011It is a well established principle that “[a] facial challenge to a legislative Act is ... the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” Rust v. Sullivan, 500 U.S. 173, 183 , 111 S.Ct. 1759 , 114 L.Ed.2d 233 (1991). “[T]he violation of the Constitution must be clear, complete and unmistakable in order to find the law unconstitutional.” Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Co., 983 S.W.2d 493, 499 (Ky.1998).

2006“A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” Rust v. Sullivan, 500 U.S. 173, 183 , 111 S.Ct. 1759, 1767 , 114 L.Ed.2d 233 (1991). “[T]he violation of the Constitution must be clear, complete and unmistakable in order to find the law unconstitutional.” Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Company, 983 S.W.2d 493, 499 (Ky.1998).

33
Uninsured Employers' Fund v. Garlandgreen
ky · 1991 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025See Uninsured Employers’ Fund v. Garland, 805 S.W.2d 116, 117 (Ky. 1991).

11
Washington State Grange v. Washington State Republican Partygreen
scotus · 2008 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Moreover, facial challenges to the constitutionality of statutes are disfavored because they “often rest on speculation.” Washington State Grange v. Washington State Republican Party, 552 U.S. 442, 450 (2008).

11
United States v. Salernogreen
scotus · 1987 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023For the foregoing reasons, Appellees lack third-party standing and the complaint must be dismissed. 119 I would further emphasize that all of Appellees’ claims involve facial pre- enforcement challenges, which are “the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno, 481 U.S. 739, 745 (1987).

11
Craft v. Ricegreen
ky · 1984 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022See Kroger Co. v. Willgruber, 920 S.W.2d 61, 65 (Ky. 1996) (citing Craft v. Rice, 671 S.W.2d 247, 249 (Ky. 1984)).1 See also Keaton v. G.C.

11
Kroger Co. v. Willgrubergreen
ky · 1996 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022See Kroger Co. v. Willgruber, 920 S.W.2d 61, 65 (Ky. 1996) (citing Craft v. Rice, 671 S.W.2d 247, 249 (Ky. 1984)).1 See also Keaton v. G.C.

11
Foster v. Overstreetgreen
ky · 1995 · cited in 1 Kentucky opinions naming this issue, 2008–2008
1 sentence

2008For a sampling, see Independent Order of Foresters v. Chauvin, 175 S.W.3d 610, 615 (Ky.2005) ("[W]rits ... are truly extraordinary in nature and are reserved exclusively for those situations where litigants will be subjected to substantial injustice if they are required to proceed.”); Foster v. Overstreet, 905 S.W.2d 504, 505 (Ky.1995) ("Granting a writ of mandamus is a rare and extraordinary measure with a difficult standard to meet.”); Ohio River Contract Co. v. Gordon, 170 Ky. 412 , 186 S.W. 178, 181 (1916) ("[1]t is manifest that it was not intended by the lawmakers as a general principle,

11
Independent Order of Foresters v. Chauvingreen
ky · 2005 · cited in 1 Kentucky opinions naming this issue, 2008–2008
1 sentence

2008For a sampling, see Independent Order of Foresters v. Chauvin, 175 S.W.3d 610, 615 (Ky.2005) ("[W]rits ... are truly extraordinary in nature and are reserved exclusively for those situations where litigants will be subjected to substantial injustice if they are required to proceed.”); Foster v. Overstreet, 905 S.W.2d 504, 505 (Ky.1995) ("Granting a writ of mandamus is a rare and extraordinary measure with a difficult standard to meet.”); Ohio River Contract Co. v. Gordon, 170 Ky. 412 , 186 S.W. 178, 181 (1916) ("[1]t is manifest that it was not intended by the lawmakers as a general principle,

11
Ohio River Contract Co. v. Gordongreen
kyctapp · 1916 · cited in 1 Kentucky opinions naming this issue, 2008–2008
2 sentences

2008For a sampling, see Independent Order of Foresters v. Chauvin, 175 S.W.3d 610, 615 (Ky.2005) ("[W]rits ... are truly extraordinary in nature and are reserved exclusively for those situations where litigants will be subjected to substantial injustice if they are required to proceed.”); Foster v. Overstreet, 905 S.W.2d 504, 505 (Ky.1995) ("Granting a writ of mandamus is a rare and extraordinary measure with a difficult standard to meet.”); Ohio River Contract Co. v. Gordon, 170 Ky. 412 , 186 S.W. 178, 181 (1916) ("[1]t is manifest that it was not intended by the lawmakers as a general principle,

2008For a sampling, see Independent Order of Foresters v. Chauvin, 175 S.W.3d 610, 615 (Ky.2005) ("[W]rits ... are truly extraordinary in nature and are reserved exclusively for those situations where litigants will be subjected to substantial injustice if they are required to proceed.”); Foster v. Overstreet, 905 S.W.2d 504, 505 (Ky.1995) ("Granting a writ of mandamus is a rare and extraordinary measure with a difficult standard to meet.”); Ohio River Contract Co. v. Gordon, 170 Ky. 412 , 186 S.W. 178, 181 (1916) ("[1]t is manifest that it was not intended by the lawmakers as a general principle,

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Padilla v. Kentucky green
scotus · 2010
2 sentences

2025“Surmounting Strickland’s high bar is never an easy task.” Padilla v. Kentucky, 559 U.S. 356, 371 , 130 S. Ct. 1473, 1485 , 176 L.

2025“Surmounting Strickland’s high bar is never an easy task.” Padilla v. Kentucky, 559 U.S. 356, 371 , 130 S. Ct. 1473, 1485 , 176 L.

102021–2025
Hensley v. Haynes Trucking, LLC green
moctapp · 2018
2 sentences

2024According to our Supreme Court, a proposed class representative’s “claims and defenses are considered typical if they arise from the same event, practice, or course of conduct that gives rise to the claims of other class members and if the claims of the representative are based on the same legal theory.” Hensley, 549 S.W.3d at 443 . 23.01 requirements before considering whether CR 23.02 requirements are met.

2024According to our Supreme Court, a proposed class representative’s “claims and defenses are considered typical if they arise from the same event, practice, or course of conduct that gives rise to the claims of other class members and if the claims of the representative are based on the same legal theory.” Hensley, 549 S.W.3d at 443 . 23.01 requirements before considering whether CR 23.02 requirements are met.

22024–2024

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 418.075 (5) KY § Ky. Rev. Stat. § 100.347 (3) KY § Ky. Rev. Stat. § 100.3471 (3) KY § Ky. Rev. Stat. § 189A.010 (3) KY § Ky. Rev. Stat. § 189A.103 (3) KY § Ky. Rev. Stat. § 189A.105 (3) KY § Ky. Rev. Stat. § 508.060 (3) KY § Ky. Rev. Stat. § 532.025 (3) KY § Ky. Rev. Stat. § 532.030 (3) KY § Ky. Rev. Stat. § 532.075 (3) KY § Ky. Rev. Stat. § 532.080 (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

TX 525 (1990–2026) IL 151 (1994–2026) CA 87 (1975–2026) OH 50 (1990–2023) NC 45 (1982–2026) WY 29 (2003–2026) KY 27 (2006–2025) PA 25 (1944–2026) GA 24 (2017–2026) FL 19 (1971–2025) IN 19 (1994–2023) MI 16 (1905–2026) NJ 15 (1973–2020) IA 15 (1985–2025) TN 14 (1993–2026) LA 13 (1984–2023) WA 13 (1976–2025) OR 13 (1975–2025) NY 12 (1989–2026) MO 11 (1948–2025) MA 11 (1980–2025) DE 10 (1985–2026) MN 9 (1971–2025) WV 9 (1992–2025) ID 9 (1986–2024) WI 8 (1993–2023) MD 8 (1935–2020) DC 7 (1989–2026) UT 7 (1997–2025) HI 7 (1973–2025) CO 6 (1977–2018) AZ 6 (1989–2018) AL 6 (2007–2018) SC 5 (2012–2024) CT 5 (1983–2000) KS 5 (2014–2025) MT 4 (1994–2020) ME 4 (2000–2016) NH 3 (2009–2011) NE 3 (2006–2025) OK 3 (1996–2001) RI 2 (2005–2008) NM 2 (1997–2024) VI 2 (2009–2026)

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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