Germano v. Kerner’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “"Apportionment is traditionally and necessarily a legislative function. Notwithstanding many ill-advised comments of its detractors to the contrary this fact has been generally acknowledged by the Supreme Court. (Reynolds v. Sims, 377 U.S. 533, 586 , 84 S.Ct. 1362, 1394 , 12 L.Ed.2d 506 ; `* * * legislative reapportionment is primarily a matter for legislative consideration and determination * * *') The Court appropriately continued by observing `* * * that judicial relief becomes appropriate only when a legislature fails to reapportion * * *'. The problem involved then is one of judicially remedying a malapportioned voting scheme without judicially interfering with recognized legislative functions and responsibilities. "Ours is historically and fundamentally a triune government of coordinate but necessarily separate departments. Our Constitution and traditions, appreciating Montesquieu's concern that a separation of powers is required in order that liberty of the people might be preserved, delegated to each department of government—executive, legislative and judicial—certain functions and responsibilities. Accordingly, we are conditioned to scrupulously reviewing possible invasions by one government department of the functions of still another department. The fact that a federal court and a state legislature are involved hardly warrants a digression from this fundamental principle." Germano v. Kerner, 241 F.Supp. 715, 718 (N.D. Ill.1965).”

   1 later decision quote this exact passage · from the majority
   e.g. Kilgarlin v. Martin