context: The majority claims that "the trial court did not err in not explicitly deciding the disputed issue of what standard is appropriate," majority op. at 1265, for a facial constitutional challenge to a statute regulating the right to abortion because "[t]he trial court's finding that the Mandatory Delay Law imposes a significant restriction on all women's fundamental right of privacy, by its plain terms, is sufficient to support an injunction barring the application of the law in its entirety." Majority op. at 1264. But the trial court's temporary injunction order will be searched in vain for any finding that the Mandatory Delay law imposes a "significant restriction" on the right to abortion. Regardless, the majority fails to acknowledge that--as a matter of Florida law--the no-set-of-circumstances test standard applies to Petitioners' facial constitutional challenge.
citation_a.signal: see also
citation_a.identifier: 873 So.2d 430, 434
citation_a.parenthetical: "A facial challenge to a statute is more difficult than an 'as applied' challenge, because the challenger must establish that no set of circumstances exists under which the statute would be valid."
citation_a.sentence: See, e.g., Abdool v. Bondi, 141 So.3d 529, 538 (Fla. 2014) (“For a statute to be held facially unconstitutional, the challenger must demonstrate that no set of circumstances exists in which the statute can be constitutionally applied.”); Florida Dept. of Revenue v. City of Gainesville, 918 So.2d 250, 256 (Fla. 2005) (“[A] determination that a statute is facially unconstitutional means that no set of circumstances exists under which the statute would be valid.”); see also Cashatt v. State, 873 So.2d 430, 434 (Fla. 1st DCA 2004) (“A facial challenge to a statute is more difficult than an ‘as applied’ challenge, because the challenger must establish that no set of circumstances exists under which the statute would be valid.”). Based on the record here, there is no basis for concluding that Petitioners have established a likelihood that they will prevail in meeting their heavy burden to maintain a successful facial challenge in this case.
citation_b.signal: see
citation_b.identifier: 141 So.3d 529, 538
citation_b.parenthetical: "For a statute to be held facially unconstitutional, the challenger must demonstrate that no set of circumstances exists in which the statute can be constitutionally applied."
citation_b.sentence: See, e.g., Abdool v. Bondi, 141 So.3d 529, 538 (Fla. 2014) (“For a statute to be held facially unconstitutional, the challenger must demonstrate that no set of circumstances exists in which the statute can be constitutionally applied.”); Florida Dept. of Revenue v. City of Gainesville, 918 So.2d 250, 256 (Fla. 2005) (“[A] determination that a statute is facially unconstitutional means that no set of circumstances exists under which the statute would be valid.”); see also Cashatt v. State, 873 So.2d 430, 434 (Fla. 1st DCA 2004) (“A facial challenge to a statute is more difficult than an ‘as applied’ challenge, because the challenger must establish that no set of circumstances exists under which the statute would be valid.”). Based on the record here, there is no basis for concluding that Petitioners have established a likelihood that they will prevail in meeting their heavy burden to maintain a successful facial challenge in this case.