Money v. Cohen’s Empirical Analysis

Citation profile

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

1. “Respondents raise the preliminary objection that mandamus is not the proper remedy, arguing that the purpose of mandamus is to compel administrative functioning fixed by law, to enforce ministerial action, not to halt or prevent it. This contention defines the remedy but superficially. Its integral objective is to enforce ministerial obedience to valid law enjoining specific duties. The board of elections is charged with the duty of acting according to law and must decide for itself the validity of the law precedent to compliance with it. An attempt to act under an invalid, void, or unconstitutional act or statute is a failure to comply with the constitutional injunct to function legally. Mandamus will lie to compel action only when there is an avoidance of duty in the face of valid law. It will not compel obedience to an unconstitutional act, as such would enforce a breach of constitutional duty. If an act, pursuant to which the board of elections purports to function, is unconstitutional, mandamus will lie to compel the board to the positive performance of its duty which would be inaction. (Traducción y énfa-sis nuestros.)”

   1 later decision quote this exact passage
   e.g. 129 P.R. Dec. 402 - Gierbolini Rodríguez v. Hernández Colón