State v. Birchfield’s Empirical Analysis

Citation profile

1 district · 32 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. A person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if any of the following apply: [[Image here]] “e. That individual refuses to submit to any of the following: [[Image here]] “(2) A chemical test, or tests, of the individual’s blood, breath, or urine to determine the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood, breath, or urine, at the direction of a law enforcement officer under section 39 — 20—01[.]””

   3 later decisions quote this exact passage
   e.g. State v. Kordonowy · State v. Bauer

2. “An Act of the legislature is presumed to be correct and valid, and any doubt as to its constitutionality must, where possible, be resolved in favor of its validity. A statute enjoys a conclusive presumption of constitutionality unless it is clearly shown that it contravenes the state or federal constitution. The justice, wisdom, necessity, utility and expediency of legislation are questions for the legislative, and not for judicial determination.”

   2 later decisions quote this exact passage
   e.g. Beylund v. Levi · State v. Baxter

3. “acceptable 'legal tools' with 'significant consequences' for refusing to submit to testing.”

   2 later decisions quote this exact passage
   e.g. Birchfield v. N. Dakota. William Robert Bernard · 195 L. Ed. 2d 560 - Birchfield v. N. Dakota. William Robert Bernard