Simple English definitions for legal terms
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An as-applied challenge is a claim that a law or governmental policy, although constitutional on its face, is unconstitutional as applied to a particular party or situation. This is usually due to a discriminatory effect. For example, a law that requires all employees to work on Saturdays may be constitutional on its face, but if it disproportionately affects employees who observe the Sabbath, it may be unconstitutional as applied to them.
One example of an as-applied challenge is a Batson challenge, which is an objection that an opposing party has used a peremptory challenge to exclude a potential juror on the basis of race, ethnicity, or sex. Another example is a constitutional challenge, which is a claim that a law or governmental action is unconstitutional.
For instance, if a law requires all citizens to recite a specific prayer in school, it may be unconstitutional as it violates the First Amendment's Establishment Clause. A facial challenge, on the other hand, is a claim that a statute is unconstitutional on its face, meaning that it always operates unconstitutionally.
Overall, an as-applied challenge is a legal claim that a law or policy is unconstitutional when applied to a specific situation or party, even if it is constitutional on its face.