Bowers v. Whitman’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 2 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under rational basis review, the Equal Protection Claus is satisfied if: (1) there is a plausible policy reason for the classification, (2) the legislative facts on which the classification is apparently based rationally may have been considered to be true by the governmental decisionmaker, and (3) the relationship of the classification to its goal is not so attenuated as to render the distinction arbitrary or irrational.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Geiger v. Kitzhaber

2. “The reason an accrued cause of action is not a vested property interest ... until it results in a 'final unreviewable judgment,' is that it is inchoate and does not provide a certain expectation in that property interest.”

   1 later decision quote this exact passage · from the majority
   e.g. City of Gary v. Smith & Wesson Corp.

3. “a property right in a cause of action does not vest until a final unreviewable judgment is obtained”

   1 later decision quote this exact passage · from the majority
   e.g. 119 Fed. Cl. 762 - Two Shields v. United States