Trump v. Barbara · ¶542

Respondents’ claim in this case is that Executive Order No. 14160 is unconstitutional on its face. To prevail on this facial claim, they must show that “no set of circumstances exists under which the [Executive Order] would be valid.” United States v. Salerno, 481 U. S. 739, 745 (1987). And because the order is valid as applied to nationals from the countries discussed above, the claim should fail. In all likelihood, the Executive Order is also constitutional as applied to nationals from a great many other countries, but no such showing is needed here.

slip opinion, revised 7/01/26
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