Emison v. Growe’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “Section 2 contains no per se prohibitions against particular types of districts: It says nothing about majoxity-minority districts, districts dominated by eei’tain political parties, or even districts based on pax'tisan political concerns. Instead, Section 2 focuses exclusively on the consequences of apportionment. Only if the apportionment scheme has the effect of denying a protected class the equal opportunity to elect its candidate of choice does it violate Section 2; where such an effect has not been demonstrated, Section 2 simply does not speak to the matter. Indeed, in Gingles we expressly so held: “[Electoral devices ... may not be considered per se violative of Section 2. Plaintiffs must demonstrate that, under the totality of the circumstances, the devices result in unequal access to the political process.” As a result the District Court was required to determine the consequences of Ohio’s apportionment plan before ruling on its validity; the failure to do so was error.”

   1 later decision quote this exact passage · from the dissent
   e.g. Johnson v. Mortham