Common Cause v. Bolger’s Empirical Analysis

Citation profile

15 federal appellate · 5 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This dispute over standing boils down to a dispute over the role of ... elections in our political system. If the purpose of campaigns is only to elect candidates, then defendants’ and intervenor’s arguments concerning causation and resultant lack of standing might have some weight. [National] campaigns, however, serve other purposes besides electing particular candidates to office. They are also used to educate the public, to advance unpopular ideas, and to protest the political order, even if the particular candidate has little hope of election. The First Amendment most certainly protects political advocacy of this type, and infringements of these rights can occur regardless of the success or failure of a particular candidate at the polls. Thus, the causation requirement is satisfied here, for the asserted harm, and its remedy, are not dependent upon electoral outcome, but on the existence of the franking statute and the conduct permitted under its aegis.”

   2 later decisions quote this exact passage · from the majority
   e.g. Kardules v. City of Columbus · Fulani v. Brady

2. “accepted” Appellants' characterization of their injury. We believe we have “accepted” Appellants’ characterization only in the sense that courts routinely . "accept” legal propositions advanced by parties: namely, for the limited purpose of assessing the viability of such a proposition under the law. Like Judge Batchelder, we reject Appellants' contention that they have suffered a judicially cognizable "vote dilution” injury. However, because our survey of the case law indicates that Appellants have advanced a fairly novel view of "vote dilution,” we have undertaken a review of classic vote-dilution cases, and have endeavored to show that Appellants’ asserted injury differs from the injuries claimed in those cases in certain legally significant ways. 12 . The court noted that an organization such as Common Cause "stands in the shoes of its members in determining whether there is standing.”

   2 later decisions quote this exact passage · from the majority
   e.g. Kardules v. City of Columbus · Kardules v. City Of Columbus

3. “Where a jurisdictional challenge is repeated, however, as is the case where standing is in issue, the “law of the case” requirement is less rigid. Earlier jurisdictional rulings are entitled to important, but not dispositive weight ... If it can be shown that controlling authority has subsequently taken a clearly contrary view of the issue, then the renewed motion to dismiss for lack of jurisdiction may be appropriately filed and may prevail.”

   1 later decision quote this exact passage · from the majority
   e.g. Wright v. Regan