Rothe Development Corporation v. United States Department of Defense United States Department of the Air Force’s Empirical Analysis
262 F.3d 1306 · 2001
Citation profile
15 federal appellate · 3 district ·
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Board of Trustees of the University of Alabamas v. Patricia Garrett · Adarand Constructors, Inc. v. Pena
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whereas municipalities must necessarily identify discrimination in the immediate locality to justify a race-based program, we do not think that Congress needs to have had evidence before it of discrimination in all fifty states . . . .”
2 later decisions quote this exact passage · from the dissent“); see also Rothe Dev. Corp. v. United States Dep't of Def., 194 F.3d 622 (5th Cir.1999) (”
2 later decisions quote this exact passage · from the majority“Before a court can assess whether a plaintiff has met his or her burden of proof, however, the court must review the government’s evidentiary support to determine whether the legislative body had a “strong basis in evidence” to believe that remedial action based on race was necessary. Thus, the government bears the burden to produce evidence, ie., the burden of going forward with evidence. The challengers, however, “continue to bear the ultimate burden of persuading the court that the [entity’s] evidence did not support an inference of prior discrimination and thus a remedial purpose, or that the plan instituted on the basis of this evidence was not sufficiently narrowly tailored.””
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.