In Re Anonymous’s Empirical Analysis

Citation profile

1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"I cannot agree with the rule of decision with which the main opinion apparently remands this case. "Section 26-21-3(a), Ala.Code 1975, of Alabama's parental-consent statute provides, in part, that `[e]xcept as otherwise provided in subsections (b) and (e) of this section and Sections 26-21-4 and 26-21-5[, Ala.Code 1975,] no person shall perform an abortion upon an unemancipated minor unless he or his agent first obtains the written consent of either parent or the legal guardian of the minor.' In order to `bypass' this restriction, the statute places upon the minor the burden of pleading, and also the burden of proving, either (a) that she is mature enough and well informed enough to intelligently make the decision whether to have an abortion without the consent of either of her parents or her legal guardian or (b) that parental consultation is not in her best interests. See §§ 26-21-4(d)(4) and 26-21-4(f). Nonetheless, as noted in the main opinion, our Supreme Court has stated that a `petition for waiver of parental consent may be denied only if the court specifically finds both that (1) the minor is [ not mature enough] and not well enough informed to make the abortion decision on her own and (2) that performance of the abortion would not be in her best interests.' Ex parte Anonymous, 618 So.2d 722, 723 (Ala.1993) (emphasis on `not' added; other emphasis original). As a matter of logic, however, saying that a plaintiff shall be entitled to relief if she can prove `x' or `y'”

   1 later decision quote this exact passage · from the concurrence
   e.g. 956 So. 2d 427 - In Re Anonymous

2. “[T]he burden of proof with respect to both the maturity/well-informed prong and the best-interest prong of § 26-21-4(f), Ala.Code 1975, lies with the minor.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 956 So. 2d 427 - In Re Anonymous

3. “1 Such a default rule would be the opposite of that which has been established by the Legislature in §§ 26-21-1, 26-21-3, and 26-21-4.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 956 So. 2d 427 - In Re Anonymous