Citations 481 U.S. 739 (more) Date decided 1987 | Dissent Stevens | |
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Full case name United States v. Salerno Majority Rehnquist, joined by White, Blackmun, Powell, O'Connor, Scalia Dissent Marshall, joined by Brennan Similar Knowles v Iowa, Rhode Island v Innis, Barker v Wingo, Massiah v United States, Brewer v Williams | ||
United States v. Salerno, 481 U.S. 739 (1987), was a United States Supreme Court decision. It determined that the Bail Reform Act of 1984, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community, did not violate the Due Process Clause of the Fifth Amendment, nor the Excessive Bail Clause of the Eighth Amendment to the Constitution.
The case was brought up when Mafia member Anthony Salerno was arrested and indicted for violating the Racketeer Influenced and Corrupt Organizations Act (RICO Act).
Decision
Chief Justice Rehnquist wrote the opinion for the majority. Justice Marshall and Justice Stevens each wrote dissenting opinions
Salerno is famous for expounding the "no set of circumstances" test. Challengers bringing a facial challenge to a statute are claiming the statute is 'void on its face' and should be declared unconstitutional. This is an extremely high burden, because the challenger must show that no set of circumstances exists under which the statute would be valid. The Court did however recognize the well-established overbreadth doctrine, which provides a different standard for facial challenges of laws alleged to violate the First Amendment.