Bunting v. State’s Empirical Analysis

Citation profile

23 federal appellate · 14 district · 60 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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is enough for our decision if the legislation under review was passed in the exercise of an admitted power of government; and that it is not as complete as it might be, not as rigid in its prohibitions as it might be, gives, perhaps, evasion too much play, is lighter in its penalties than it might be, is no impeachment of its legality. This may be a blemish, giving opportunity for criticism and difference in characterization, but the constitutional validity of legislation cannot be determined by the degree of exactness of its provisions or remedies. New policies are usually tentative in their beginnings, advance in firmness as they advance in acceptance. ‘ They do not at a particular .moment of time spring full perfect in extent or means from the legislative brain. Time may. be necessary to fashion them to precedent customs and conditions, and as they justify themselves or otherwise, they pass from militancy to triumph or from question to repeal.””

   3 later decisions quote this exact passage · from the majority
   e.g. La Tourette v. McMaster · Court of Industrial Relations v. Charles Wolff Packing Co.

2. ““But, passing general considerations, and coming back to our immediate concern, which is the validity of the particular exertion of power in the Oregon law, our judgment of it is that it does not transcend constitutional limits.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Northern Commercial Co.