· 8/26/2004
Republican Party v. Amy Klobuchar
Citations
- 381 F.3d 785
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that plaintiff was not “subject to ‘a credible threat of prosecution’” under a statute that did not proscribe plaintiff’s intended conduct (citation omitted)
- explaining that the reason for allowing this type of claim is “to eliminate the deterrent or chilling effect an overbroad law may have”
- noting that an “as-applied challenge consists of a challenge to the statute’s application only as-applied to the parties] before the court”
- finding that the threat of criminal prosecution can provide an injury in fact even if plaintiff has not engaged in the prohibited conduct
- concluding the plaintiff’s claims were moot when the charges against its member were dismissed and “there [was] no evidence that the Party, or even one of its members, [was] under imminent threat of prosecution”
- defining an “as-applied challenge” as one “to the statute’s application only as-applied to the party before the court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Hamilton, Bye
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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