facial constitutional challenge (Washington) · Go Syfert
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facial constitutional challenge in Washington

12 Washington opinions name it 2 courts 1997–2026 2 in the last five years

The cases below were cited by Washington 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 (4)

CaseFollowedCited
State v. Catesgreen
wash · 2015 · cited in 2 Washington opinions naming this issue, 2015–2016
2 sentences

2016In State v. Cates. 183 Wn.2d 531 , 354 P.3d 832 (2015), our Supreme Court recently considered a facial constitutional challenge to a substantially similar community custody condition.2 In Cates. the court held that "[f]urther factual development [was] needed" before the challenge was ripe for review, and "[the defendant] [did] not face a significant risk of hardship by [the court] declining to review the merits in the absence of developed facts." Cates. 183Wn.2dat536. 2 The condition at issue in Cates was broader than Countryman's, adding "computers which you have access to" to the areas DOC c

2016In State v. Cates. 183 Wn.2d 531 , 354 P.3d 832 (2015), our Supreme Court recently considered a facial constitutional challenge to a substantially similar community custody condition.2 In Cates. the court held that "[f]urther factual development [was] needed" before the challenge was ripe for review, and "[the defendant] [did] not face a significant risk of hardship by [the court] declining to review the merits in the absence of developed facts." Cates. 183Wn.2dat536. 2 The condition at issue in Cates was broader than Countryman's, adding "computers which you have access to" to the areas DOC c

12
United States v. Rahimigreen
scotus · 2024 · cited in 1 Washington opinions naming this issue, 2026–2026
1 sentence

2026See United States v. Rahimi, 602 U.S. 680 , 693 (2024) (To prevail on a facial constitutional challenge, “the Government need only demonstrate that [the challenged statute] is constitutional in some of its applications.

11
McNabb v. Department of Correctionsgreen
wash · 2008 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015McNabb, 163 Wn.2d at 404 (adopting judicial deference to prison administrative decisions as a factor in considering the petitioner’s as-applied constitutional challenge to forced artificial nutrition).

11
Van Sant v. City of Everettgreen
washctapp · 1993 · cited in 1 Washington opinions naming this issue, 2002–2002
2 sentences

2002See Van Sant v. Everett, 69 Wash.App. 641, 650-51 , 849 P.2d 1276 (1993). [4] Wellington may have disputed the availability of actual information in the proceeding before the hearing examiner.

2002See Van Sant v. Everett, 69 Wash.App. 641, 650-51 , 849 P.2d 1276 (1993). [4] Wellington may have disputed the availability of actual information in the proceeding before the hearing examiner.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Bennett v. Seattle Mental Health green
wash · 2010
2 sentences

2015Before we address Cornelius's as-applied constitutional claims, it is helpful to review Washington's water laws and our recent decision in Lummi Indian Nation v. State, 170 Wn.2d 247 , 241 P.3d 1220 (2010), which dealt with the facial constitutional challenge to the MWL underlying the conflict here.

2015Appellants’ Opening Br. at 20. ¶18 Before we address Cornelius’s as-applied constitutional claims, it is helpful to review Washington’s water laws and our recent decision in Lummi Indian Nation v. State, 170 Wn.2d 247 , 241 P.3d 1220 (2010), which dealt with the facial constitutional challenge to the MWL underlying the conflict here.

32015–2015
Lummi Indian Nation v. State green
wash · 2010
2 sentences

2015Before we address Cornelius's as-applied constitutional claims, it is helpful to review Washington's water laws and our recent decision in Lummi Indian Nation v. State, 170 Wn.2d 247 , 241 P.3d 1220 (2010), which dealt with the facial constitutional challenge to the MWL underlying the conflict here.

2015Appellants’ Opening Br. at 20. ¶18 Before we address Cornelius’s as-applied constitutional claims, it is helpful to review Washington’s water laws and our recent decision in Lummi Indian Nation v. State, 170 Wn.2d 247 , 241 P.3d 1220 (2010), which dealt with the facial constitutional challenge to the MWL underlying the conflict here.

32015–2015
Ellis v. Pomeroy Improvement Co. green
wash · 1889
2 sentences

2015A. Washington Water Law and Lummi Indian Nation Washington, like other western territories in the late 1800s, followed a water law system called "prior appropriation." Ellis v. Pomeroy Improvement Co., 1 Wash. 572, 578 , 21 P. 27 (1889).

2015A. Washington Water Law and Lummi Indian Nation Washington, like other western territories in the late 1800s, followed a water law system called "prior appropriation." Ellis v. Pomeroy Improvement Co., 1 Wash. 572, 578 , 21 P. 27 (1889).

32015–2015
Matter of Personal Restraint of Young red
wash · 1993
2 sentences

1997In re Young, 122 Wn.2d 1, 23 , 857 P.2d 989 (1993). 15 However, if a detainee receives no treatment, there is nothing to distinguish this alleged "civil” detention from traditional criminal confinement.

1997In re Young, 122 Wn.2d 1, 23 , 857 P.2d 989 (1993). 15 However, if a detainee receives no treatment, there is nothing to distinguish this alleged "civil” detention from traditional criminal confinement.

21997–1997
City of Redmond v. Moore green
wash · 2004
1 sentence

2025To prevail in a facial constitutional challenge to a statute, a party must show that “no set of circumstances exists in which the statute, as currently written, can be constitutionally applied.” City of Redmond v. Moore, 151 Wn.2d 664, 669 , 91 P.3d 875 (2004).

12025–2025
City of Redmond v. Moore green
wash · 2004
1 sentence

2025To prevail in a facial constitutional challenge to a statute, a party must show that “no set of circumstances exists in which the statute, as currently written, can be constitutionally applied.” City of Redmond v. Moore, 151 Wn.2d 664, 669 , 91 P.3d 875 (2004).

12025–2025
City of Seattle v. Webster green
wash · 1990
1 sentence

2019When a petitioner makes a facial constitutional challenge based on First Amendment grounds, the “constitutional analysis is made upon the language of the ordinance or statute itself.” Webster, 115 Wn.2d at 640 . -10- No. 80092-2-Ill 1 PRSM contends ‘the City’s vegetation provisions constitute an overbroad and unnecessary restrain on expressive conduct.” PRSM agrees that “much of this argument could be decided as a matter of law because, if a regulation burdens expression, then the government bears the burden of showing that the restriction is justified,” but, because “the City and Ecology have

12019–2019

Statutes the citing opinions construe

WA § Wash. Rev. Code § 34.05.570 (4) WA § Wash. Rev. Code § 90.03.010 (3) WA § Wash. Rev. Code § 90.03.290 (3) WA § Wash. Rev. Code § 90.03.320 (3) WA § Wash. Rev. Code § 90.03.380 (3) WA § Wash. Rev. Code § 90.03.460 (3) WA § Wash. Rev. Code § 90.03.560 (3) WA § Wash. Rev. Code § 90.14.031 (3) WA § Wash. Rev. Code § 90.38.005 (3) WA § Wash. Rev. Code § 90.44.130 (3) WA § Wash. Rev. Code § 90.66.065 (3) WA § Wash. Rev. Code § 90.90.110 (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

CA 98 (1990–2026) IL 76 (2014–2026) TX 66 (1995–2026) NY 31 (1991–2026) OH 29 (1997–2026) FL 21 (2003–2026) PA 18 (1992–2026) WI 18 (2002–2025) NC 14 (1998–2023) IN 12 (1997–2024) WA 12 (1997–2026) CO 11 (1983–2026) MD 11 (1998–2025) TN 9 (2009–2026) VA 8 (2002–2025) AL 6 (2003–2018) NJ 6 (2001–2021) IA 5 (1979–2025) AZ 5 (2007–2025) UT 5 (1995–2019) MN 5 (1993–2026) NE 4 (2019–2024) MT 4 (2018–2025) MA 4 (1996–2006) LA 4 (2015–2020) MI 3 (2012–2025) KY 3 (2022–2025) ID 3 (1985–2009) AK 3 (2019–2024) KS 2 (2020–2026) DC 2 (1997–2021) HI 2 (2015–2023) ME 2 (2015–2021) NM 2 (1994–1994)

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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