State v. Mueller’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By amending the Constitution to include a separate and distinct privacy right, it is the intent of your Committee to insure that privacy is treated as a fundamental right for purposes of constitutional analysis. Privacy as used in this sense concerns the possible abuses in the use of highly personal and intimate information in the hands of government or private parties but is not intended to deter the government from the legitimate compilation and dissemination of data. More importantly, this privacy concept encompasses the notion that in certain highly personal and intimate matters, the individual should be afforded freedom of choice absent a compelling state interest. This right is similar to the privacy right discussed in cases such as Griswold v. Connecticut, 381 U.S. 479 (1965), Eisenstadt v. Baird, 405 U.S. 438 (1972), Roe v. Wade, 410 U.S. 113 (1973), etc.”

   4 later decisions quote this exact passage · from the dissent
   e.g. Nakano v. Matayoshi · Baehr v. Lewin

2. “[t]he commentary on HRS § 712-1200 ... in pertinent part: Our study of public attitude in this area revealed the widespread belief among those interviewed that prostitution should be suppressed entirely or that it should be so restricted as not to offend those members of society who do not wish to consort with prostitutes or to be affronted by them. Making prostitution a criminal offense is one method of controlling the scope of prostitution and thereby protecting those segments of society which are offended by its open existence. This "abolitionist” approach is not without its vociferous detractors. There are those that contend that the only honest and workable approach to the problem is to legalize prostitution and confine it to certain localities within a given community. While such a proposal may exhibit foresight and practicality, the fact remains that a large segment of society is not presently willing to accept such a Liberal approach. Recognizing this fact and the need for public order, the Code makes prostitution and its associate enterprises criminal offenses.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Romano · State v. Mallan

3. “outlaw” solely for the sake of her own betterment is quite another. I rather suspect that the legislature was not placing the prostitute's best interests and personal growth at a premium when it enacted HRS § 712-1200. . The intent of the 1978 Constitutional Convention is extensively addressed supra in sections II.A.l and 2. The Mueller decision finesses the intent of the framers by way of a three-step process. First, by misreading Committee of the Whole Report No. 15, Mueller concluded that "we are led back to Griswold, Eisenstadt, and Roe and appear to have come full circle in our search for guidance on the intended scope of the privacy protected by the Hawaii Constitution.”

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