11 Maryland opinions name it 2 courts 1998–2025 2 in the last five years
The cases below were cited by Maryland 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 |
|---|---|---|
Pizza Di Joey, LLC v. Mayor and City Council of Baltimoregreen1 sentence2025To succeed on a facial constitutional challenge, a litigant “must establish that no set of circumstances exist under which the Act would be valid.” Pizza di Joey, LLC v. Mayor & City Council of Baltimore, 241 Md. | 1 | 1 |
Motor Vehicle Administration v. Seenathgreen2 sentences2022A facial constitutional challenge is “[a] claim that a statute is unconstitutional on its face—that is, that it always operates unconstitutionally.” Facial Challenge, Black’s Law Dictionary (11th ed. 2019). “[T]o be successful, a facial challenge must establish that there is no set of circumstances under which the statute would be constitutional.” Motor Vehicle Admin. v. Seenath, 448 Md. 145, 181 (2016) (cleaned up). “[A] party has standing to raise a facial challenge only if the statute or practice that is the subject of the facial challenge may violate a fundamental constitutional right.” Id 2022A facial constitutional challenge is “[a] claim that a statute is unconstitutional on its face—that is, that it always operates unconstitutionally.” Facial Challenge, Black’s Law Dictionary (11th ed. 2019). “[T]o be successful, a facial challenge must establish that there is no set of circumstances under which the statute would be constitutional.” Motor Vehicle Admin. v. Seenath, 448 Md. 145, 181 (2016) (cleaned up). “[A] party has standing to raise a facial challenge only if the statute or practice that is the subject of the facial challenge may violate a fundamental constitutional right.” Id | 1 | 1 |
Thornhill v. Alabamagreen2 sentences2003Polk does not challenge § 121 as unconstitutional on its face. "[I]t is the statute, and not the accusation or the evidence under it, which prescribes the limits of permissible conduct and warns against transgression." Thornhill v. Alabama, 310 U.S. 88, 98 , 60 S.Ct. 736, 742 , 84 L.Ed. 1093, 1100 (1940). 2003Polk does not challenge § 121 as unconstitutional on its face. "[I]t is the statute, and not the accusation or the evidence under it, which prescribes the limits of permissible conduct and warns against transgression." Thornhill v. Alabama, 310 U.S. 88, 98 , 60 S.Ct. 736, 742 , 84 L.Ed. 1093, 1100 (1940). | 1 | 1 |
Holiday Point Marina Partners v. Anne Arundel Countygreen2 sentences1998See Holiday Point, 349 Md. at 201 , 707 A.2d 829 ; Insurance Comm’r v. Equitable Life Assur. 1998See Holiday Point, 349 Md. at 201 , 707 A.2d 829 ; Insurance Comm’r v. Equitable Life Assur. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maryland State Comptroller of the Treasury v. Wynne
green
2 sentences2019While appellants challenge the General Assembly’s authority to set a reduced interest rate on refunds owed to taxpayers affected by Wynne v. Comptroller, 431 Md. 147 (2013), aff’d, 135 S. Ct. 1787 (2015), they could not invoke the constitutional exception to the rule requiring the exhaustion of administrative remedies, because as held, the statutory remedies provided by the Tax-General Article are exclusive and disposition of the underlying claims would require factual exploration. 2019While appellants challenge the General Assembly’s authority to set a reduced interest rate on refunds owed to taxpayers affected by Wynne v. Comptroller, 431 Md. 147 (2013), aff’d, 135 S. Ct. 1787 (2015), they could not invoke the constitutional exception to the rule requiring the exhaustion of administrative remedies, because as held, the statutory remedies provided by the Tax-General Article are exclusive and disposition of the underlying claims would require factual exploration. | 2 | 2019–2019 |
Comptroller of Treasury of Md. v. Wynne
green
2 sentences2019While appellants challenge the General Assembly’s authority to set a reduced interest rate on refunds owed to taxpayers affected by Wynne v. Comptroller, 431 Md. 147 (2013), aff’d, 135 S. Ct. 1787 (2015), they could not invoke the constitutional exception to the rule requiring the exhaustion of administrative remedies, because as held, the statutory remedies provided by the Tax-General Article are exclusive and disposition of the underlying claims would require factual exploration. 2019While appellants challenge the General Assembly’s authority to set a reduced interest rate on refunds owed to taxpayers affected by Wynne v. Comptroller, 431 Md. 147 (2013), aff’d, 135 S. Ct. 1787 (2015), they could not invoke the constitutional exception to the rule requiring the exhaustion of administrative remedies, because as held, the statutory remedies provided by the Tax-General Article are exclusive and disposition of the underlying claims would require factual exploration. | 2 | 2019–2019 |
Insurance Commissioner v. Equitable Life Assurance Society of the United States
green
2 sentences2017Comm’r v. Equitable Life Assurance Soc., 339 Md. 596, 623-24 , 664 A.2d 862 (1995). 2017Comm’r v. Equitable Life Assurance Soc., 339 Md. 596, 623-24 , 664 A.2d 862 (1995). | 2 | 1998–2017 |
Pizza di Joey v. Mayor & City Cncl. of Balt.
green
1 sentence2025App. 139, 165 (2019) (citation omitted), aff’d, 470 Md. 308 (2020). | 1 | 2025–2025 |
Allmond v. Department of Health & Mental Hygiene
green
1 sentence2020The Allmond Decision In Allmond v. Department of Health & Mental Hygiene, 448 Md. 592 (2017), this Court considered a facial constitutional challenge to HG § 10-708. | 1 | 2020–2020 |
United States v. Salerno
green
2 sentences2019To prevail on a facial challenge, the "party challenging the facial validity of a statute 'must establish that no set of circumstances exist under which the Act would be valid.' " Koshko v. Haining , 398 Md. 404 , 426, 921 A.2d 171 (2007) ( quoting U.S. v. Salerno , 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ). 2019To prevail on a facial challenge, the "party challenging the facial validity of a statute 'must establish that no set of circumstances exist under which the Act would be valid.' " Koshko v. Haining , 398 Md. 404 , 426, 921 A.2d 171 (2007) ( quoting U.S. v. Salerno , 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ). | 1 | 2019–2019 |
Koshko v. Haining
green
2 sentences2019To prevail on a facial challenge, the "party challenging the facial validity of a statute 'must establish that no set of circumstances exist under which the Act would be valid.' " Koshko v. Haining , 398 Md. 404 , 426, 921 A.2d 171 (2007) ( quoting U.S. v. Salerno , 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ). 2019To prevail on a facial challenge, the "party challenging the facial validity of a statute 'must establish that no set of circumstances exist under which the Act would be valid.' " Koshko v. Haining , 398 Md. 404 , 426, 921 A.2d 171 (2007) ( quoting U.S. v. Salerno , 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ). | 1 | 2019–2019 |
United States v. Allied Oil Corp.
green
1 sentence2019To prevail on a facial challenge, the "party challenging the facial validity of a statute 'must establish that no set of circumstances exist under which the Act would be valid.' " Koshko v. Haining , 398 Md. 404 , 426, 921 A.2d 171 (2007) ( quoting U.S. v. Salerno , 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ). | 1 | 2019–2019 |
Montgomery County v. Broadcast Equities, Inc.
green
2 sentences2017Additionally, a facial constitutional challenge will not stand if it ultimately requires a factual exploration, such as “when statutory classifications are challenged on equal protection grounds or under Article 46 of the Maryland Declaration of Rights.” Broadcast Equities, 360 Md. at 457 , 758 A.2d 995 (citing Ins. 2017Additionally, a facial constitutional challenge will not stand if it ultimately requires a factual exploration, such as “when statutory classifications are challenged on equal protection grounds or under Article 46 of the Maryland Declaration of Rights.” Broadcast Equities, 360 Md. at 457 , 758 A.2d 995 (citing Ins. | 1 | 2017–2017 |
Hill v. Motor Vehicle Administration
green
2 sentences2016This Court summarized its holding as follows: “[The driver]’s due process rights were not violated during his traffic stop because the information [that was] conveyed to him in the [Advice of Rights] form was not misleading, and did not obstruct his ability to - 32 - make an informed decision about whether to refuse an alcohol concentration test.” Id. at 248, 999 A.2d at 1028 .13 As-Applied Challenges and Facial Challenges Here, as a preliminary matter, we observe that it is unclear from the proceedings before the ALJ whether Seenath raised an as-applied or a facial constitutional challenge to 2016This Court summarized its holding as follows: “[The driver]’s due process rights were not violated during his traffic stop because the information [that was] conveyed to him in the [Advice of Rights] form was not misleading, and did not obstruct his ability to make an informed decision about whether to refuse an alcohol concentration test.” Id. at 248, 999 A.2d at 1028 . 13 As-Applied Challenges and Facial Challenges Here, as a preliminary matter, we observe that it is unclear from the proceedings before the ALJ whether Seenath raised an as-applied or a facial constitutional challenge to the A | 1 | 2016–2016 |
Whalen v. Roe
green
2 sentences2007In Whalen v. Roe, 429 U.S. 589 , 97 S.Ct. 869 , 51 L.Ed.2d 64 (1977), the Court was confronted with a facial constitutional challenge to a New York statute mandating that state authorities receive copies of all prescriptions written for certain narcotic drugs. 2007In Whalen v. Roe, 429 U.S. 589 , 97 S.Ct. 869 , 51 L.Ed.2d 64 (1977), the Court was confronted with a facial constitutional challenge to a New York statute mandating that state authorities receive copies of all prescriptions written for certain narcotic drugs. | 1 | 2007–2007 |
Eanes v. State
green
1 sentence2003He also took the position that the majority, by emphasizing the importance of volume control, "overlooked that sound, in the form of the spoken word, is the most basic thing protected by the First Amendment." Id. at 476, 569 A.2d at 624 . [3] Attempting to distinguish these cases, the majority points out that each one "involves a facial constitutional challenge to a statute." Because Polk did not challenge the facial validity of Section 121, the majority claims, the cases are "inapposite to the case at hand." Majority at 584. | 1 | 2003–2003 |
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.