135 Ill. 2d 384 - People v. Gersch’s Empirical Analysis

Citation profile

190 state decisions

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 198 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The effect of enacting an unconstitutional amendment to a statute is to leave the law in force as it was before the adoption of the amendment”

   5 later decisions quote this exact passage · from the majority
   e.g. People v. Crutchfield · 317 Ill. App. 3d 247 - People v. Wells

2. “'would clearly offend all sense of due process.'”

   4 later decisions quote this exact passage · from the dissent
   e.g. People v. Holmes · People v. Floyd F. (In Re N.G.)

3. ““The courts below have proceeded on the theory that the Act of Congress, having been found to be unconstitutional, was not a law; that it was inoperative, conferring no rights and imposing no duties, and hence affording no basis for the challenged decree. [Citations.] It is quite clear, however, that such broad statements as to the effect of a determination of unconstitutionality must be taken with qualifications. The actual existence of a statute, prior to such a determination, is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects ***.” Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 374 , 84 L. Ed. 329, 332-33 , 60 S. Ct. 317, 318-19 (1940).”

   2 later decisions quote this exact passage · from the concurrence
   e.g. People v. Holmes · 349 Ill. App. 3d 161 - Perlstein v. Wolk