statute involves claim (Tennessee) · Go Syfert
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statute involves claim in Tennessee

9 Tennessee opinions name it 2 courts 2009–2019 0 in the last five years

The cases below were cited by Tennessee 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 (3)

CaseFollowedCited
United States v. Salernogreen
scotus · 1987 · cited in 8 Tennessee opinions naming this issue, 2009–2016
2 sentences

2016Rather, Plaintiff has brought a facial challenge to this part of the statute by arguing that this definition is unconstitutional in every situation and “should be elided from the statute.” See U.S. v. Salerno, 481 U.S. 739, 745 (1987) (noting that facial challenges require the challenger to “establish that no set of circumstances exist under which the [statute at issue] would be valid.”); Waters v. Farr, 291 S.W.3d 873, 921 (Tenn. 2009) (Koch, J., concurring in part and dissenting in part) (“A facial challenge to a statute involves a claim that the statute fails an applicable constitutional te

2016Rather, Plaintiff has brought a facial challenge to this part of the statute by arguing that this definition is unconstitutional in every situation and “should be elided from the statute.” See U.S. v. Salerno, 481 U.S. 739, 745 (1987) (noting that facial challenges require the challenger to “establish that no set of circumstances exist under which the [statute at issue] would be valid.”); Waters v. Farr, 291 S.W.3d 873, 921 (Tenn. 2009) (Koch, J., concurring in part and dissenting in part) (“A facial challenge to a statute involves a claim that the statute fails an applicable constitutional te

68
Steven Waters v. Reagan Farr, Commissioner of Revenue for the State of Tennesseegreen
tenn · 2009 · cited in 6 Tennessee opinions naming this issue, 2016–2019
2 sentences

2019“A facial challenge to a statute involves a claim that the statute fails an applicable constitutional test and should be found invalid in all applications.” Waters v. Farr, 291 S.W.3d 873, 921 (Tenn. 2009).

2016Rather, Plaintiff has brought a facial challenge to this part of the statute by arguing that this definition is unconstitutional in every situation and “should be elided from the statute.” See U.S. v. Salerno, 481 U.S. 739, 745 (1987) (noting that facial challenges require the challenger to “establish that no set of circumstances exist under which the [statute at issue] would be valid.”); Waters v. Farr, 291 S.W.3d 873, 921 (Tenn. 2009) (Koch, J., concurring in part and dissenting in part) (“A facial challenge to a statute involves a claim that the statute fails an applicable constitutional te

66
Colonial Pipeline Co. v. Morgangreen
tenn · 2008 · cited in 5 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Administrative agencies do not “have the authority to determine the facial validity of a statute under the constitutional requirement of separation of powers.” Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827, 844 (Tenn. 2008); see Tenn. Const. art. 2, § 2.4 Such authority is reserved for the judiciary.

2016Administrative agencies do not “have the authority to determine the facial validity of a statute under the constitutional requirement of separation of powers.” Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827, 844 (Tenn. 2008); see Tenn. Const. art. 2, § 2.4 Such authority is reserved for the judiciary.

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Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
United States v. Allied Oil Corp. green
scotus · 1951
2 sentences

2012United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987).

2009United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987).

22009–2012

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 12-1-202 (5) TN § Tenn. Code Ann. § 4-6-146 (5) TN § Tenn. Code Ann. § 41-21-205 (5) TN § Tenn. Code Ann. § 9-8-307 (5) TN § Tenn. Code Ann. § 9-8-402 (5) TN § Tenn. Code Ann. § 9-8-403 (5)

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.

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