Roberts’s Empirical Analysis

Citation profile

24 federal appellate · 16 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]hether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes”

   5 later decisions quote this exact passage · from the majority
   e.g. Horner v. Kentucky High School Athletic Association · Beth Pederson

2. “'sets a high standard: it demands not merely some accommodation, but full and effective accommodation. If there is sufficient interest and ability among members of the statistically underrepresented gender, not slaked by existing programs, an institution necessarily fails this prong of the test.'”

   4 later decisions quote this exact passage · from the majority
   e.g. 604 F. Supp. 2d 1264 - Ollier v. Sweetwater Union High School District · Horner v. Kentucky High School Athletic Association

3. “Title IX does not require that a school pour ever-increasing sums into its athletic establishment. If a university prefers to take another route, it can also bring itself into compliance with the first benchmark of the accommodation test by subtraction and downgrading, that is, by reducing opportunities for the over represented gender while keeping opportunities stable for the underrepresented gender (or reducing them to a much lesser extent).”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Equity in Athletics, Inc. v. Department of Education · 142 F. Supp. 2d 1154 - Chalenor v. University of North Dakota