Dotson v. Kander’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thé secretary of state’s summary statement must be-concise and cannot be intentionally argumentative or likely to create prejudice. To create such a summary statement that is not insufficient or unfair, the summary statement must be adequate and state the consequences of the initiative without bias, prejudice, deception,- or favoritism. The language used should fairly and impartially summarize the purposes of the measure so that voters will not be deceived- or misled. It should accurately reflect the legal and probable effects of the proposed initiative. Sometimes it is necessary for the secretary of state’s summary statement to provide a context reference that will enable voters to understand the effect of the proposed change. Section 116.175.3 instructs the auditor to prepare a fiscal note and fiscal note summary for a proposed initiative that “state[s] the measure’s estimated cost or savings, if any, to state or local governmental entities.” In the context of requiring a fair and sufficient fiscal note by the state auditor, the words insufficient and unfair mean to inadequately and. with bias, prejudice, deception and/or favoritism state the fiscal consequences of the proposed proposition. Similarly, in examining the fairness and sufficiency of the fiscal note summary, the summary’s words are considered sufficient and fair where they adequately and without bias, prejudice, or favoritism synopsize the fiscal note. A fiscal note summary is not judged on whether it is the “be”

   2 later decisions quote this exact passage · from the dissent
   e.g. Stickler v. Ashcroft · Jim Boeving v. Missouri Secretary of State Jason Kander Missouri State Auditor Nicole Galloway, Raise Your Hand For Kids and Erin Brower

2. “That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned^ — bui-this weapons. The rights guaranteed by this sectidn shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State of Missouri v. Marcus Merritt

3. “This Court already has subjected section 571.070.1 to strict scrutiny in Merritt and McCoy and found that section 571.070.1 is narrowly tailored to serve a compelling government interest in protection of the public. This Court already has determined in Dotson that Amendment 5 worked no substantial change in article I, section 23. This Court here has clarified that the specific grant of authority in Amendment 5 to adopt laws regulating the possession of firearms by convicted violent felons does not affect the right of the legislature to adopt laws regulating the right of others to possess firearms where, as here, those laws pass strict scrutiny. Accordingly, section 571.070.1 is a constitutional restriction of a convicted nonviolent felon's right to bear arms.”

   1 later decision quote this exact passage · from the dissent
   e.g. Alpert v. State