Merits reach
Describe the set of applications the court has actually adjudicated. Avoid saying the statute “is void” without specifying that set.
03Remedies
A merits label does not write the injunction.
Ask three separate questions: what is unconstitutional, which enforcement may stop, and who may receive relief.
Enforcement reach
Identify the provision, conduct, decision, location, or factual condition that the declaration or injunction covers.
Party reach
Identify every protected party and the lawful source of broader relief, including class certification where appropriate.
Compare the ordinary remedial consequences.
DimensionFacial theoryAs-applied theory
Merits showing
Invalidity across the legally relevant universe, subject to the governing doctrine.
Invalidity of enforcement against the plaintiff in identified circumstances.
Declaration
May declare a provision invalid across the adjudicated universe—but not beyond it.
Declares the law unconstitutional in the specified application.
Injunction
May stop covered enforcement; Ayotte still favors narrowing and severance where feasible.
Ordinarily bars enforcement against the plaintiff or defined class in the proven circumstances.
Who benefits
Not automatically everyone. CASA ties equitable relief to complete relief for parties with standing.
Named parties; broader protection generally needs class treatment or another lawful remedial vehicle.
Criminal posture
Dismissal follows only if the charge depends on a provision invalid throughout the relevant universe.
Dismissal, suppression, or vacatur can remedy the unconstitutional prosecution, search, or sentence.
What survives
Severable provisions, lawful applications, and issues outside the adjudicated universe.
All other applications—including the questions the court expressly reserves.
Partial invalidation and severability
Prefer a narrow declaration, an injunction against unconstitutional applications, or severance when the line is administrable and consistent with legislative intent. A court may not perform quintessentially legislative work.
Overbreadth’s exceptional suspension
Substantial First Amendment overbreadth can suspend all enforcement until a limiting construction or partial invalidation removes the threat to protected expression.
Nonparty relief is a separate problem
A broad merits holding does not automatically authorize a universal injunction. Complete relief is ordinarily relief between the parties, and Rule 23 cannot be bypassed.
“Facially invalid” describes merits reach. “Universally enjoined” describes who receives equitable protection. Never collapse those questions.