Project Vote v. Blackwell’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Based on its limited review, the Court is inclined to believe that the appropriate level of scrutiny to be applied at this juncture of the proceedings is intermediate scrutiny. The Court reaches this conclusion because it finds that, while the interests impacted by the regulations are critical First Amendment rights, the burden imposed upon them by the regulations — the burden imposed upon them by the regulations — though substantial (and, as will be discussed below, unnecessary) — are not likely properly characterized as “severe.” Thus, the question is whether the burdens imposed by the challenged regulations are justified in light of the articulated interests — specifically, do the regulations address a legitimate and important state interest, and do the regulations serve that interest in a way that is no greater than necessary in light of the importance of the interest.”

   2 later decisions quote this exact passage · from the majority
   e.g. 580 F. Supp. 2d 1195 - American Ass'n of People With Disabilities v. Herrera · 690 F. Supp. 2d 1183 - ASS'N OF PEOPLE WITH DISABILITIES v. Herrera

2. “After reviewing all the briefs submitted by the various parties, and following careful consideration of the relevant case law, the Court is satisfied that participation in voter registration implicates a number of both expressive and associational rights which are protected by the First Amendment. These rights belong to—and may be invoked by—not just the voters seeking to register, but by third parties who encourage participation in the political process through increasing voter registration rolls. See, e.g., Williams v. Rhodes, 393 U.S. 23, 30 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968)(Court must guard against impingement on different, though overlapping kinds of rights—"the right of individuals to associate for the advancement of political beliefs and the right of qualified voters, regardless of their political persuasion, to cast their votes effectively.").”

   1 later decision quote this exact passage · from the majority
   e.g. 690 F. Supp. 2d 1183 - ASS'N OF PEOPLE WITH DISABILITIES v. Herrera

3. “the issue of likelihood of success on the merits has subsumed within it the other relevant factors. In other words, if the Court concludes that the regulations challenged by Plaintiffs unduly impinge upon constitutionally protected rights, the Court also can easily conclude that the public interest is served by an injunction prohibiting' such impingement. Similarly, if the Court concludes that the challenged regulations fail to further any legitimate state interest, or are not sufficiently narrowly tailored in their effort to do so, the Court also can easily conclude that the balance of hardships tips in favor of the injunction Plaintiffs seek.”

   1 later decision quote this exact passage · from the majority
   e.g. Feldman v. Arizona Secretary of State's Office