121 F. Supp. 2d 388 - Commer v. McEntee’s Empirical Analysis

Citation profile

3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, the fact that Commer had certain rights to engage in election-related speech does not mean that he had the right to authorize mailings in the name of Local 375 without approval and at the cost of the local. Under the language of Article XIX, Section 3, Commer did not have the authority to distribute literature in the name of the local without authorization by an appropriate body. That body, pursuant to the Local 375 Constitution and the decision in JPC 98-111, was either the local’s Executive Committee or the delegate body. Commer concedes uhat he did not seek or obtain authorization of an appropriate body as required by Article XIX, Section 3, but avers that it was illogical to re quire him to obtain such approval since the members of those bodies were among those persons whose alleged misdeeds he has been exposing and criticizing since his election in 1998. Commer raised this same defense to the Judicial Panel. The fact that the panel rejected that defense, which is insupportable under the language of the Local 375 Constitution, is not evidence that the panel’s decision was politically motivated. 2”

   1 later decision quote this exact passage · from the majority
   e.g. Commer v. McEntee