Travis v. Reno’s Empirical Analysis
163 F.3d 1000 · 1998
Citation profile
11 federal appellate · 5 district ·
How this case has been cited
Cited by 31 later decisions (1 by the Supreme Court) — most recently December 2021 · most notably Janet Reno Attorney Generals v. Charlie Condon Attorney General of South Carolina (2000), Gillespie v. City of Indianapolis (1999)
11 federal appellate · 5 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 18 U.S.C. § 2710 (§ 2 of the Video Privacy Protection Act of 1988) · 18 U.S.C. § 2721 (§ 300002 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 2723 (§ 300002 of the Violent Crime Control and Law Enforcement Act of 1994) · 26 U.S.C. § 103 · 26 U.S.C. § 7431 · 47 U.S.C. § 551 · 5 U.S.C. § 552 (Freedom of Information Act)
Relies on United States v. Lopez · M'Culloch v. State of Maryland · Hafer v. Melo · City of Boerne v. Flores · Richmond Newspapers, Inc. v. Virginia
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Gradually intergovernmental immunity turned into a rule of nondiscrimination, under which the governmental body’s protection is vicarious: one government may tax (or regulate) another’s trading partners only to the extent it imposes equivalent burdens on those who do business with private citizens. Neutrality between governmental and private spheres is a principal ground on which the Supreme Court has held that states may be subjected to regulation when they participate in the economic marketplace — for example, by hiring workers covered by the Fair Labor Standards Act. So long as public market participants are treated the same as private ones, they enjoy the protection the latter have been able to secure from the legislature; and as Congress is not about to destroy private industry (think what that would do to the tax base!) it can not hobble the states either.”
4 later decisions quote this exact passage · from the majority“[a]longside the prohibition of discrimination against the states is a rule that remains absolute, a genuine "immunity." Congress may not "commandeer the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program." Hodel v. Virginia Surface Mining & Reclamation Ass'n, Inc. , 452 U.S. 264 , 288, 101 S.Ct. 2352 , 69 L.Ed.2d 1 (1981). See also Printz , 521 U.S. 898 , 117 S.Ct. 2365 , 138 L.Ed.2d 914 ; New York , 505 U.S. 144 , 112 S.Ct. 2408 , 120 L.Ed.2d 120 ; FERC v. Mississippi , 456 U.S. 742 , 762-66, 102 S.Ct. 2126 , 72 L.Ed.2d 532 (1982). When Congress enacted legislation requiring states to pass laws regulating nuclear waste-and to pay the steep penalty of taking title to all waste within their borders if they failed to comply-the Court replied (in New York ) that the national government simply may not direct the states to use their legislative powers to regulate private conduct. Printz adds that the same principle applies to the federal government's direction that a state's executive branch enforce federal rules.”
1 later decision quote this exact passage · from the majority“Peering into public records is not part of the 'freedom of speech' that the [F]irst [A]mendment protects. 'There is no constitutional right to have access to particular government information, or to require openness from the bureaucracy.'”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.