constitutional avoidance doctrine (Maryland) · Go Syfert
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constitutional avoidance doctrine in Maryland

9 Maryland opinions name it 2 courts 2010–2026 5 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.

Followed or applied (7)

CaseFollowedCited
Cheeks v. Cedlair Corp.green
md · 1980 · cited in 1 Maryland opinions naming this issue, 2025–2025
1 sentence

2025Nothing in the per curiam order or this opinion should be construed as this Court addressing the open question of whether the “charter material” framework that this Court established in Cheeks v. Cedlair Corp., 287 Md. 595, 608 (1980), applies to legislatively enacted charter amendments. 32 Although we could decline to consider Mr. Ambridge’s substantive claim on the understandability of the ballot language given our laches holding in the same manner as we have declined to consider the challenge to Question F’s subject matter, we shall decide this issue for two reasons.

11
Moberly v. Herboldsheimergreen
md · 1975 · cited in 1 Maryland opinions naming this issue, 2025–2025
1 sentence

2025See Moberly, 276 Md. at 217-18 (opining that, if the Hospital Board could have been created under general law rather than by special act, “then it follows that it must have been created for a municipal purpose and hence it is an agency of the City of Cumberland, thereby bringing it within the purview of the [MPIA]”).

11
Sumpter v. Sumptergreen
md · 2013 · cited in 1 Maryland opinions naming this issue, 2023–2023
2 sentences

2023See Sumpter v. Sumpter, 436 Md. 74, 92 (2013) (stating that the doctrine of constitutional avoidance “means that when a non-constitutional ground for deciding a case presents itself, we decide the case on that ground rather than the constitutional grounds”). 43

2023See Sumpter v. Sumpter, 436 Md. 74, 92 (2013) (stating that the doctrine of constitutional avoidance “means that when a non-constitutional ground for deciding a case presents itself, we decide the case on that ground rather than the constitutional grounds”). 43

11
Sumpter v. Sumptergreen
md · 2012 · cited in 1 Maryland opinions naming this issue, 2019–2019
1 sentence

2019See Sumpter v. Sumpter, 427 Md. 668 , 684 n.10 (2012) (citations omitted) (noting that the doctrine of “[c]onstitutional avoidance” mandates that a court “will not reach a constitutional argument when an issue may be decided on a non-constitutional basis”); see also Wells v. Chevy Chase Bank, F.S.B., 363 Md. 232, 252 (2001) (applying the doctrine to avoid deciding whether a Maryland statute was preempted by federal law). 11 The unstated assumption of, and condition precedent to, the State’s ability to apply CP § 3-112 is that Maryland must have custody and jurisdiction over the defendant in th

11
Wells v. Chevy Chase Bank, F.S.B.green
md · 2001 · cited in 1 Maryland opinions naming this issue, 2019–2019
1 sentence

2019See Sumpter v. Sumpter, 427 Md. 668 , 684 n.10 (2012) (citations omitted) (noting that the doctrine of “[c]onstitutional avoidance” mandates that a court “will not reach a constitutional argument when an issue may be decided on a non-constitutional basis”); see also Wells v. Chevy Chase Bank, F.S.B., 363 Md. 232, 252 (2001) (applying the doctrine to avoid deciding whether a Maryland statute was preempted by federal law). 11 The unstated assumption of, and condition precedent to, the State’s ability to apply CP § 3-112 is that Maryland must have custody and jurisdiction over the defendant in th

11
Ehrlich v. Perezgreen
md · 2006 · cited in 1 Maryland opinions naming this issue, 2017–2017
2 sentences

2017Ehrlich, 394 Md. at 700, n.6 , 908 A.2d 1220 . d.

2017Ehrlich, 394 Md. at 700, n.6 , 908 A.2d 1220 . d.

11
State v. Raithelgreen
md · 1979 · cited in 1 Maryland opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., State v. Raithel, 285 Md. 478, 484 , 404 A.2d 264, 267 (1979) (“[Njothing is better settled than the principle that courts should not decide constitutional issues unnecessarily.”).

2013See, e.g., State v. Raithel, 285 Md. 478, 484 , 404 A.2d 264, 267 (1979) (“[Njothing is better settled than the principle that courts should not decide constitutional issues unnecessarily.”).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Singer v. James green
md · 1917
1 sentence

2026Id. at 92–93. 48 filed by a private property owner seeking either an order for abatement or damages because the conduct in question interferes with his or her use and enjoyment of private property.

12026–2026
Farmer v. State green
md · 2022
2 sentences

2023Also, the remark in Malvo on which the State relies, refers, in turn, to Farmer v. State, 481 Md. 203 (2022).

2023Id. 27 would produce unworkable results.

12023–2023
Montgomery County v. Broadcast Equities, Inc. green
md · 2000
2 sentences

2017Pursuant to the doctrine, the judiciary will not consider a facial challenge to an administrative agency’s authority if the agency may possibly afford the petitioner relief on non-constitutional grounds without impacting the petitioner’s constitutional rights, “thus making unnecessary a ruling on the constitutional issue.” Ray’s Used Cars, 398 Md. at 653 , 922 A.2d 495 (citing Broadcast Equities, 360 Md. at 461 , 758 A.2d 995 ).

2017Pursuant to the doctrine, the judiciary will not consider a facial challenge to an administrative agency’s authority if the agency may possibly afford the petitioner relief on non-constitutional grounds without impacting the petitioner’s constitutional rights, “thus making unnecessary a ruling on the constitutional issue.” Ray’s Used Cars, 398 Md. at 653 , 922 A.2d 495 (citing Broadcast Equities, 360 Md. at 461 , 758 A.2d 995 ).

12017–2017
Prince George's County v. Ray's Used Cars green
md · 2007
2 sentences

2017Pursuant to the doctrine, the judiciary will not consider a facial challenge to an administrative agency’s authority if the agency may possibly afford the petitioner relief on non-constitutional grounds without impacting the petitioner’s constitutional rights, “thus making unnecessary a ruling on the constitutional issue.” Ray’s Used Cars, 398 Md. at 653 , 922 A.2d 495 (citing Broadcast Equities, 360 Md. at 461 , 758 A.2d 995 ).

2017Pursuant to the doctrine, the judiciary will not consider a facial challenge to an administrative agency’s authority if the agency may possibly afford the petitioner relief on non-constitutional grounds without impacting the petitioner’s constitutional rights, “thus making unnecessary a ruling on the constitutional issue.” Ray’s Used Cars, 398 Md. at 653 , 922 A.2d 495 (citing Broadcast Equities, 360 Md. at 461 , 758 A.2d 995 ).

12017–2017
Koshko v. Haining green
md · 2007
2 sentences

2010Id. [3] The need to rely on a "prerequisite" determination was necessary in order to give a judicial gloss to the statute, under the doctrine of constitutional avoidance, so that the statute could be sustained in the face of a substantive due process challenge.

2010Id. 3 The need to rely on a “prerequisite” determination was necessary in order to give a judicial gloss to the statute, under the doctrine of constitutional avoidance, so that the statute could be sustained in the face of a substantive due process challenge.

12010–2010

Where else courts name it

CA 19 (2014–2026) IA 16 (2012–2026) CO 12 (2007–2025) UT 11 (2014–2023) OH 9 (2022–2026) MD 9 (2010–2026) VA 7 (2013–2026) DC 6 (2008–2026) NJ 5 (2021–2025) ID 5 (2017–2023) KS 5 (2004–2022) PA 4 (2017–2024) TX 4 (2024–2025) WI 3 (2021–2023) WA 3 (2015–2015) CT 3 (2016–2021) NY 3 (2007–2026) MI 2 (2007–2015) KY 2 (2023–2024) OR 2 (2018–2022) GA 2 (2025–2025) RI 2 (2013–2015) AZ 2 (2014–2019) AK 2 (2019–2019)

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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