Kohn v. Davis’s Empirical Analysis

Citation profile

2 district ·

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

1. ““At least two standards have emerged for testing the constitutional validity of a state statute on equal protection grounds. * * * The first standard of review, which seems to have the longest history, looks simply to the reasonableness of the classification in light of its legislative purposes. Judged by this standard, ‘a statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.’ McGowan v. Maryland, 366 U.S. 420, 426 , 81 S.Ct. 1101, 1105 , 6 L.Ed.2d 393 (1961). * * * “The second standard defines a more active judicial posture and under it, a discriminatory classification can be upheld only when it is necessary in the service of some compelling state interest. It is clear that in the absence of some fundamental and constitutionally protected right the ‘active’ or ‘compelling state interest’ test will not apply.” 320 F.Supp. at 249-250 .”

   1 later decision quote this exact passage · from the majority
   e.g. Andrews v. Cody