National Organization for Women, Inc. v. Scheidler’s Empirical Analysis

Citation profile

16 federal appellate · 2 district ·

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

1. “can prove no set of facts in support of his claim which would entitle him to relief”

   2 later decisions quote this exact passage
   e.g. Abramson v. Abramson · Paul J. Abramson v. Floyd Abramson, Individually and Jane Abramson, Individually

2. “There is no restriction upon the associations embraced by the [RICO] definition: an enterprise includes any union or group of individuals associated in fact. On its face,.the definition appears to include both legitimate and illegitimate enterprises within its scope; it no more excludes criminal enterprises than it does legitimate ones. Had Congress not intended to reach criminal associations, it could easily have narrowed the sweep of the definition by inserting a single word, “legitimate.” But it did nothing to indicate that an enterprise consisting of a group of individuals was not covered by RICO if the purpose of the enterprise was exclusively criminal.... That a wholly criminal enterprise comes within the ambit of the statute does not mean that a “pattern of racketeering activity” is an “enterprise”. In order to secure a conviction under RICO, the Government must prove both .the existence of an “enterprise” and the connected “pattern of racketeering activity.” That enterprise is an entity, for present purposes a group of persons associated together for a common purpose of engaging in a course of conduct. The pattern of racketeering activity is, on the other hand, a series of criminal acts as defined by the statute. 18 U.S.C. § 1961 (1) (1976 ed., Supp. III) (footnote omitted). The former is proved by evidence of an ongoing organization, formal or informal, and by evidence that the various associates function as a continuing unit. The latter is proved by evidence of the ”

   1 later decision quote this exact passage
   e.g. 850 F. Supp. 750 - United States v. King

3. “... I do not see any reason for [including within the Act’s reach] temperance societies any more than churches or school-houses or any other kind of moral or educational associations that may be organized. Such an association is not in any sense a combination or arrangement made to interfere with interstate commerce. ... You might as well include churches and Sunday schools.”

   1 later decision quote this exact passage
   e.g. Virginia Vermiculite, Ltd. v. W.R. Grace & Co.-Conn.