Bell v. Marinko’s Empirical Analysis

Citation profile

7 federal appellate · 2 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

   2 later decisions quote this exact passage · from the majority
   e.g. John Higgins v. International Union · Higgins v. International Union, Security, Police, Fire Professionals

2. “Section 1973gg-6(a)(3) of the Act provides that the name of a registrant “may not be removed from the official list of eligible voters except” when the registrant requests such removal, when the registrant has been convicted of a crime, or when he or she is mentally incapacitated. Also, section 1973gg-6(a)(4) allows for removal pursuant to a state program or activity “that makes a reasonable effort” to remove ineligible voters by reason of death or change of residence. Appellants argue that because none of these has occurred, their names may not be removed. We disagree. In creating a list of justifications for removal, Congress did not intend to bar the removal of names from the official list of persons who were ineligible and improperly registered to vote in the first place. The National Voter Registration Act protects only “eligible” voters from unauthorized removal. See 42 U.S.C. § 1973gg-6(a)(l) (seeking to “ensure that any eligible applicant is registered to vote in an election”); Id. at § 1973gg-6(a)(3) (providing that “the name of a registrant may not be removed from the official list of eligible voters except” under specific circumstances) (emphases added). Eligible voters, at a minimum, are those who qualify as bona fide residents of the precinct in which they are registered or wish to register to vote. See, e.g., [collecting cases]. Residence, as defined in section 3503.02(a) of the Ohio Revised Code, is that place “in which the person’s habitation is fixed and to w”

   1 later decision quote this exact passage · from the majority
   e.g. United States Student Ass'n Foundation v. Land

3. “absent an irrebuttable presumption that a voter's residence is that place where the voter's spouse resides, such consideration does not violate the equal protection clause.”

   1 later decision quote this exact passage · from the majority
   e.g. Eaton v. Erie Cty. Bd. of Elections, Unpublished Decision (2-28-2006)