Merced v. Kasson’s Empirical Analysis
577 F.3d 578 · 2009
Citation profile
11 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988 · 42 U.S.C. § 2000B · 42 U.S.C. § 2000C · 7 U.S.C. § 1902
Relies on Ashwander v. Tennessee Valley Authority · Wisconsin v. Yoder · Sherbert v. Verner · Employment Division Department of Human Resources of Oregon v. L Smith · City of Boerne v. Flores
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]ot only is it apparent that appellant’s declared ineligibility for benefits derives solely from the practice of her religion, but the pressure upon her to forego that practice is unmistakable. The ruling forces her to choose between following the precepts of her religion and forfeiting benefits, on the one hand, and abandoning one of the precepts of her religion in order to accept work, on the other hand. Governmental imposition of such a choice puts the same kind of burden upon the free exercise of religion as would a fine imposed against appellant for her Saturday worship.”
1 later decision quote this exact passage · from the concurrence“[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, ... even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person-(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”
1 later decision quote this exact passage · from the concurrencee.g. Tucker v. Collier“demonstrate that the compelling interest test is satisfied through application of the challenged law to ... the particular claimant whose sincere exercise of religion is being substantially burdened.”
1 later decision quote this exact passage · from the concurrencee.g. Tucker v. Collier
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.