Scheibel v. Pavlak’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[P]rescribe by law the manner for taking evidence in cases of contested seats in either house." This language does not expressly or impliedly permit the legislature to obligate this court to make decisions in election contests where each house of the legislature is given the power of determining the eligibility of its members. It only goes so far as to permit the legislature to prescribe the manner for "taking evidence." Thus, the judiciary should not be required by the legislature to do more than take evidence. This court might be called upon to review the process involved in the taking of evidence. An additional reason for my thinking that it is inappropriate for this court to render any type of decision in any manner affirming or reversing the court below is that we would be intruding on the powers and duties of another branch of the government — the legislature. I also have some misgivings about the constitutional propriety of the trial court making findings of fact and conclusions of law but because it is a one-[person] court, it seems less intrusive. That court perhaps should have done no more than take the evidence, state the issues, and summarize the testimony.”

   1 later decision quote this exact passage
   e.g. Derus v. Higgins

2. “I agree that there is no question of the legislature's final authority in this matter: it is an absolute grant of constitutional power which may not be delegated to or shared with the courts. It follows as pointed out by the majority opinion that we have no jurisdiction to issue a final and binding decision in this matter and any opinion rendered could only be advisory in nature. As I interpret our constitution there is no duty imposed on this court to render any type of decision in this matter whether it be advisory or otherwise. I recognize that his [sic] court has as a matter of comity in some instances adhered to legislative enactments where it seems appropriate to do so. In this case it does not seem appropriate. Our constitution (Minn. Const. art. IV, § 6) provides: "[That each house of the legislature] * * [*] shall be the judge of the * * * eligibility of its own members."”

   1 later decision quote this exact passage
   e.g. Derus v. Higgins

3. “"But [the Legislature] cannot require the judiciary as a co-ordinate department of government to hold a trial and render a decision which in its nature must be purely tentative or advisory and wholly subject to its own review, revision, retrial or inaction. This would be imposing upon the judicial department of the government the investigation of a matter not resulting in a judgment, not finally fixing the rights of the parties and not ultimately determining a state of facts. It would subject a proceeding arising in a court to modification, suspension, annulment or affirmation by a part of the legislative department of government before it would possess any definitive force. Manifestly this is in contravention of art. 30 of the Declaration of Rights which marks the entire separation of the legislative and judicial departments of the government.””

   1 later decision quote this exact passage
   e.g. Duffy v. Conaway