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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.
| Case | Followed | Cited |
|---|---|---|
Harris v. Commonwealthgreen2 sentences2025A 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). | 9 | 9 |
Rust v. Sullivangreen2 sentences2024“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)). | 4 | 6 |
Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Co.green2 sentences2011It 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). | 3 | 3 |
Uninsured Employers' Fund v. Garlandgreen1 sentence2025See Uninsured Employers’ Fund v. Garland, 805 S.W.2d 116, 117 (Ky. 1991). | 1 | 1 |
Washington State Grange v. Washington State Republican Partygreen1 sentence2023Moreover, 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). | 1 | 1 |
United States v. Salernogreen1 sentence2023For 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). | 1 | 1 |
Craft v. Ricegreen1 sentence2022See 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. | 1 | 1 |
Kroger Co. v. Willgrubergreen1 sentence2022See 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. | 1 | 1 |
Foster v. Overstreetgreen1 sentence2008For 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, | 1 | 1 |
Independent Order of Foresters v. Chauvingreen1 sentence2008For 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, | 1 | 1 |
Ohio River Contract Co. v. Gordongreen2 sentences2008For 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, | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Padilla v. Kentucky
green
2 sentences2025“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. | 10 | 2021–2025 |
Hensley v. Haynes Trucking, LLC
green
2 sentences2024According 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. | 2 | 2024–2024 |
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.
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.