Essling v. Markman’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature. * * * * * * * * * When the words of a law are not explicit, the intention of the legislature may be ascertained by considering, among other matters: (1) The occasion and necessity for the law; (2) The circumstances under which it was enacted; (3) The mischief to be remedied; (4) The object to be attained; * * * * * * (7) The contemporaneous legislative history; * * * * * *”

   2 later decisions quote this exact passage
   e.g. R.S. v. State · RS v. State

2. “States are not required to convince the courts of the correctness of their legislative judgments. Rather, “those challenging the legislative judgment must convince the court that the legislative facts on which the classification is apparently based could not reasonably be conceived to be true by the governmental decision maker.” * * * Although parties challenging legislation under the [due process clause] may introduce evidence supporting their claim that it is irrational, * * * they cannot prevail so long as “it is evident from all the considerations presented to [the legislature], and those of which we may take judicial notice, that the question is at least debatable.” * * * Where there was evidence before the legislature reasonably supporting the [law], litigants may not procure invalidation of the legislation merely by tendering evidence in court that the legislature was mistaken.”

   1 later decision quote this exact passage
   e.g. Grussing v. Kvam Implement Co.