429 F. Supp. 2d 385 - Cook v. Rumsfeld’s Empirical Analysis

Citation profile

1 federal appellate · 3 district · 1 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the complaint alleges that [the Act] is unconstitutional ... as it has been particularly applied to each of [the plaintiffs], their legal reasoning ... make[s] it clear that the constitutional defects they perceive inhere in any application of the policy to homosexual service members, rather than in the particular way the policy might be (or might have been) applied in specific cases. In other words, none of the plaintiffs claim that the policy, if valid in general, was misapplied in his or her particular case to result in separation when a proper application of the policy would have allowed him or her to remain in service. Rather, their objections ... are that the policy was applied, not how it was applied. This is classically a facial challenge to the statute, and their arguments will be evaluated with that understanding.”

   1 later decision quote this exact passage · from the majority
   e.g. Cook v. Gates