By North Carolina Judicial Branch
Kelly v. State of N.C.
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.
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Summary
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.