Kleinsmith v. Shurtleff’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 5 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Any balancing approach, of which Pike is an example, requires evidence. It is impossible to tell whether a burden on interstate commerce is clearly excessive in relation to the putative local benefits without understanding the magnitude of both burdens and benefits. Exact figures are not essential (no more than estimates may be possible) and the evidence need not be in the record if it is subject to judicial notice, but it takes more than lawyers' talk to condemn a statute under Pike . "”

   2 later decisions quote this exact passage · from the majority
   e.g. Fontenot v. Hunter · 43 F. Supp. 3d 1171 - Energy & Environment Legal Institute v. Epel

2. “In this context, 'discrimination' simply means differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the latter.”

   1 later decision quote this exact passage · from the majority
   e.g. Fontenot v. Hunter

3. “[T]he party claiming discrimination has the burden to put on evidence of a discriminatory effect on commerce that is `significantly probative, not merely colorable.'”

   1 later decision quote this exact passage · from the majority
   e.g. Volkswagen of America, Inc. v. Smit