Rassaii v. Bd. of Trustees of the Cal. State Unive
Rassaii contends he has stated a valid cause of action by alleging section 41300(f) facially violates the equal protection clauses of the federal and California constitutions. Two standards have been applied in evaluating facial challenges to statutes and regulations. (See T-Mobile West LLC v. City and County of San Francisco (2019) 6 Cal.5th 1107, 1117, fn. 6 [noting “uncertainty regarding the standard for facial constitutional challenges to statutes and local ordinances”].) Under one standard, the “legislation is invalid if it conflicts in the generality or great majority of cases.” (Ibid.) Under the narrower standard, “legislation is invalid only if it presents a total and fatal conflict with applicable constitutional prohibitions.” (Ibid.)
Comments on Rassaii v. Bd. of Trustees of the Cal. State Unive