State Ex Rel. Stenberg v. Murphy’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 27 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]dministrative agencies are not courts.”

   3 later decisions quote this exact passage · from the majority
   e.g. Entergy, Arkansas v. State of Nebraska · 2019 UT App 33 - Muddy Boys, Inc. v. Dep't of Commerce

2. “[t]his court has identified several factors for consideration in determining whether an unconstitutional provision is severable from the remainder of a statute: (1) whether, absent the invalid portion, a workable plan remains; (2) whether the valid portions are independently enforceable; (3) whether the invalid portion was such an inducement to the valid parts that the valid parts would not have passed without the invalid part; (4) whether severance will do violence to the intent of the Legislature; and (5) whether a declaration of separability indicating that the Legislature would have enacted the bill absent the invalid portion is included in the act.”

   1 later decision quote this exact passage · from the majority
   e.g. Duggan v. Beermann

3. “The separation of powers doctrine provides: The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.”

   1 later decision quote this exact passage · from the majority
   e.g. Slack Nursing Home, Inc. v. Department of Social Services