Register to get FREE access

In order to prevail on a cause of action that challenges a statute for being facially unconstitutional a party must establish that there is no set of circumstances under which the statute may be constitutionally applied. Williams v. Pryor, 240 F.3d 944, 953 (11th Cir. 2001). 'This 'heavy burden' makes such an attack 'the most difficult challenge to mount successfully' against an enactment.' Horton v. City of St. Augustine, Fla., 272 F.3d 1318, 1329 (11th Cir. 2001) (citation omitted). 


Facial invalidation 'is, manifestly, strong medicine' that 'has been employed by the Court sparingly and only as a last resort.'