Kwong v. Bloomberg’s Empirical Analysis
723 F.3d 160 · 2013
Citation profile
10 federal appellate · 2 district · 8 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on City of Cleburne Texas v. Cleburne Living Center · Village of Arlington Heights v. Metropolitan Housing Development Corp. · Williamson v. Lee Optical of Oklahoma, Inc. · Planned Parenthood of Southeastern Pennsylvania v. P Casey P Casey · Heller v. Doe Ex Rel. Doe
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
3 later decisions quote this exact passage · from the majority“[T]he Supreme Court's First Amendment fee jurisprudence provides the appropriate foundation for addressing * * * fee claims under the Second Amendment.”
2 later decisions quote this exact passage · from the majority“In United States v. Decastro, [ 682 F.3d 160 (2d Cir.2012)], [the Second Circuit] held that the appropriate level of scrutiny under which a court reviews a statute or regulation in the Second Amendment context is determined by how substantially that statute or regulation burdens the exercise of one’s Second Amendment rights. 682 F.3d at 164 . [The Second Circuit] further explained that where the burden imposed by a regulation on firearms is a “marginal, incremental or even appreciable restraint on the right to keep and bear arms,” it will not be subject to heightened scrutiny. Id. at 166 (emphasis supplied). “Rather, heightened scrutiny is triggered only by those restrictions that (like the complete prohibition on handguns struck down in Heller) operate as a substantial burden on the ability of law-abiding citizens to possess and use a firearm for self-defense (or for other lawful purposes).” Id. (emphasis supplied); see also [Nordyke v. King, 644 F.3d 776, 786 (9th Cir.2011), affd in relevant part, 681 F.3d 1041 (9th Cir.2012) (en banc) ] (“[0]nly regulations which substantially burden the right to keep and to bear arms trigger heightened scrutiny under the Second Amendment.”).”
1 later decision quote this exact passage · from the concurrence
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.