State v. D. Theeler’s Empirical Analysis
2016
Citation profile
13
cited by 13 later decisions
1
states following
December 2023
most recently cited
10 state decisions
Relationships
Relies on Skinner v. State of Oklahoma Williamson · United States v. Jackson · Lawrence v. Texas · Orr v. Orr · Ayotte v. Planned Parenthood of Northern New Eng.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f a statute contains both constitutional and unconstitutional provisions, we examine the legislation to determine if there is a severability clause. The inclusion of a severability clause in a statute is an indication that the drafters desired a policy of judicial severability to apply to the enactment. If a statute does not contain a severability clause, we still may sever an unconstitutional provision. In doing so, we must determine whether the unconstitutional provisions are necessary for the integrity of the law or were an inducement for its enactment. In order to sever an unconstitutional provision, the remainder of the statute must be complete in itself and capable of being executed in accordance with the apparent legislative intent. That is, if severing the offending provisions will not frustrate the purpose or disrupt the integrity of the law, we will strike only those provisions of the statute that are unconstitutional.”
1 later decision quote this exact passage · from the majority“[w]ith or without severability clauses in each amendment since the statute's enactment, we conclude that the unconstitutional provision is unnecessary for the integrity of the law.”
1 later decision quote this exact passage · from the majority
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.