green
Positive treatment
Quoted verbatim 3×
10.0 score
G Cite
cited 5× by 2 distinct cases ·
“Hopwood II ”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited "but see"
Eisenberg v. Montgomery County Public Schools
See Tuttle, 195 F.3d 698 , 704-05 (4th Cir. Sept. 24, 1999); but see Hopwood v. Texas, 78 F.3d 932 , 944 (5th Cir. 1996), reh'g en banc denied, 84 F.3d 720 (5th Cir.), cert. denied, 518 U.S. 1033 (1996) (holding that "consideration of race or ethnicity by the [University of Texas] law school for the purposes of achieving a diverse student body is not a compelling interest under the Fourteenth Amendment.").
discussed
Cited "but see"
Eisenberg ex rel. Eisenberg v. Montgomery County Public Schools
See Tuttle, 195 F.3d 698 , 704-05 (4th Cir.1999); but see Hopwood v. Texas, 78 F.3d 932 , 944 (5th Cir.1996), reh’g en banc denied, 84 F.3d 720 (5th Cir.), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2581 , 135 L.Ed.2d 1095 (1996) (holding that “consideration of race or ethnicity by the [University of Texas] law school for the purposes of achieving a diverse student body is not a compelling interest under the Fourteenth Amendment.”).
discussed
Cited as authority (quoted)
Wooden v. Board of Regents of the University System
any consideration of race or ethnicity ... in order to achieve a diverse student population is not a compelling interest under the fourteenth amendment
discussed
Cited as authority (rule)
John Norman v. Joseph Horton
Instead, it cast its reasoning in general terms: “Appellate courts ‘review[] judgments, not opinions.’” Hardrick, 876 F.3d at 244 (quoting Texas v. Hopwood, 518 U.S. 1033, 1034 (1996) (denying a petition for writ of certiorari because the petitioners challenged just the reasoning of the Fifth Circuit and not its judgment)).
discussed
Cited "see"
United States v. Emerson
(2×)
See Texas v. Hopwood, 518 U.S. 1033, 1033 (1996).
discussed
Cited "see"
Johnson v. Board of Regents of the University of Georgia
See Hopwood v. Texas, 78 F.3d 932 , 944 (5th Cir.) (“Justice Powell’s view in Bakke is not binding precedent on this issue.”), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2581 , 135 L.Ed.2d 1095 (1996); Grutter v. Bollinger, 137 F.Supp.2d 821, 848 (E.D.Mich.2001) (concluding that "Bakke does not stand for the proposition that a university’s desire to assemble a racially diverse student body is a compelling state interest”), appeal filed; cf. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 354 (D.C.Cir.1998) (stating, without addressing Bakke , that diversity cannot “be elevated to…
discussed
Cited "see"
Eisenberg v. Montgomery County
See Eisenberg, 19 F. Supp. 2d at 453-54 . 11 (5th Cir.), cert. denied, 518 U.S. 1033 (1996) (holding that "consider- ation of race or ethnicity by the [University of Texas] law school for the purposes of achieving a diverse student body is not a compelling interest under the Fourteenth Amendment.").
discussed
Cited "see"
Tuttle v. Arlington County
See Hopwood v. Texas, 78 F.3d 932 , 944 (5th Cir. 1996) ("[A]ny consid- eration of race or ethnicity . . . for the purpose of achieving a diverse student body is not a compelling interest under the Fourteenth Amendment."), cert. denied, 518 U.S. 1033 (1996).
discussed
Cited "see"
Tuttle v. Arlington Cty. School Bd.
See Hopwood v. Texas, 78 F.3d 932 , 944 (5th Cir. 1996) ("[A]ny consideration of race or ethnicity . . . for the purpose of achieving a diverse student body is not a compelling interest under the Fourteenth Amendment."), cert. denied, 518 U.S. 1033 (1996).
discussed
Cited "see"
Tuttle ex rel. Tuttle v. Arlington County School Board
See Hopwood v. Texas, 78 F.3d 932 , 944 (5th Cir.1996) (“[A]ny consideration of race or ethnicity ... for the purpose of achieving a diverse student body is not a compelling interest under the Fourteenth Amendment.”), cer t. denied, 518 U.S. 1033 , 116 S.Ct. 2580 , 135 L.Ed.2d 1094 (1996).
discussed
Cited "see"
Shrink Missouri Government Pac v. Adams
See Carver v. Nixon, 72 F.3d 633 (8th Cir.1995), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2579 , 135 L.Ed.2d 1094 (1996). 2 At that time, the limits of SB650 became effective. 3 Under the provisions of SB650 challenged here, "the amount of contributions made by or accepted from any person other than the candidate in any one election shall not exceed" $1,075 to candidates for governor, lieutenant governor, secretary of state, state treasurer, state auditor, or attorney general, or for any office where the population of the electoral district is 250,000 or more; $525 to candidates for state senat…
cited
Cited "see"
United States v. Ademaj
See United States v. Pierce, 60 F.3d 886, 891 (1st Cir.1995), ce rt. denied, 518 U.S. 1033 , 116 S.Ct. 2580 , 135 L.Ed.2d 1094 . (1996).
cited
Cited "see"
United States v. Ademaj
See United States v. Pierce, 60 F.3d 886, 891 (1st Cir. 1995), cert. denied, 518 U.S. 1033 (1996).
discussed
Cited "see"
Brewer v. West Irondequoit Central School District
See Palmore v. Sidoti 466 U.S. 429, 432 , 104 S.Ct. 1879 , 80 L.Ed.2d 421 (1984) (“a core purpose of the Fourteenth Amendment was to do away with all governmentally imposed discrimination.”) Hopwood v. State of Texas, 78 F.3d 932 , 939-940 (5th Cir.), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2580 , 135 L.Ed.2d 1094 (1996).
discussed
Cited "see"
Shrink Missouri Government PAC v. Adams
(2×)
See Carver v. Nixon, 72 F.3d 633 (8th Cir. 1995), cert. denied, 518 U.S. 1033 (1996).2 At that time, the limits of SB650 became effective.
discussed
Cited "see"
DeRoche v. All American Bottling Corp.
See, Caldwell v. American Basketball Association, Inc., 66 F.3d 523, 526-27 (2nd Cir.1995) (finding that a failure to hire, which is based upon a potential employee’s previous union affiliation, was arguably within the purview of the NLRA and, therefore, was preempted), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2579 , 135 L.Ed.2d 1094 (1996); Rew v. International Organization, Masters, Mates and Pilots of America, Inc., 349 F.Supp. 542, 545 (E.D.Pa.1972) (preempting State law claim for damages, which arose out of a union’s interference, under the NLRA, with an employer’s hiring of an emplo…
discussed
Cited "see, e.g."
Fleck v. Commissioner
NRDC v. Gutierrez, 457 F.3d 904, 905-06 (9th Cir.2006); see also Texas v. Hopwood, 518 U.S. 1033 , 116 S.Ct. 2581, 2582 , 135 L.Ed.2d 1095 (1996) (denying petition for writ of certiorari where the petitioners challenged only the lower courts’ analysis, rather than their judgments).
discussed
Cited "see, e.g."
Smith v. University of Washington
Energy Regulatory Comm’n, 100 F.3d 1451 , 1460 (9th Cir.1996); Noatak, 38 F.3d at 1511 ; see also Texas v. Hopwood, 518 U.S. 1033, 1034 , 116 S.Ct. 2581, 2582 , 135 L.Ed.2d 1095 (1996) (Ginsburg, J., joined by Souter, J.) (certiorari properly denied because old race-based program was discontinued and would not be reinstated).
cited
Cited "see, e.g."
Katuria E. Smith Angela Rock Michael Pyle for Themselves and All Others Similarly Situated v. University of Washington, Law School Wallace D. Loh Sandra Madrid Richard Kummert Michael Townsend Roland Hjorth, and Robert Aronson John Junker Jacqueline McMurtrie Eric Schnapper Janet Stearns, Katuria E. Smith Angela Rock Michael Pyle v. The University of Washington Law School, Katuria E. Smith Angela Rock Michael Pyle v. The University of Washington Law School Wallace D. Loh Roland Hjorth Sandra Madrid Richard Kummert
Energy Regulatory Comm'n, 100 F.3d 1451 , 1460 (9th Cir. 1996); Noatak, 38 F.3d at 1511 ; see also Texas v. Hopwood, 518 U.S. 1033, 1034 , 116 S. Ct. 2581, 2582 , 135 L.
discussed
Cited "see, e.g."
Penn v. State Ex Rel. Foster
See, e.g., Carver v. Nixon, 72 F.3d 633, 637 (8th Cir.1995), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2579 , 135 L.Ed.2d 1094 (1996). [13] In Greater New Orleans Broadcasting Ass'n, Inc. v. United States, 527 U.S. 173 , 119 S.Ct. 1923, 1926 , 144 L.Ed.2d 161 (1999), the Court addressed the validity of federal statutes that prohibited, some but not all, broadcast advertising of lotteries and casino gambling.
discussed
Cited "see, e.g."
United States v. Jerome F. Deering
See United States v. Owens, 996 F.2d 59, 61 (5th Cir.1993) (per curiam) (prosecution under 21 U.S.C. §§ 841 (a) and 846 did “not run afoul of the Tenth Amendment” and statutes were valid exercise of Congress’s Commerce Clause power); see also United States v. Brown, 72 F.3d 96, 97 (8th Cir.1995) (per curiam) (noting interstate drug trade affects interstate commerce and § 841(a)(1) is a valid exercise of congressional power), cert. de *598 nied, 518 U.S. 1033 , 116 S.Ct. 2581 , 135 L.Ed.2d 1095 (1996).
discussed
Cited "see, e.g."
No. 97-3714
See United States v. Owens, 996 F.2d 59, 61 (5th Cir.1993) (per curiam) (prosecution under 21 U.S.C. §§ 841 (a) and 846 did "not run afoul of the Tenth Amendment" and statutes were valid exercise of Congress's Commerce Clause power); see also United States v. Brown, 72 F.3d 96, 97 (8th Cir.1995) (per curiam) (noting interstate drug trade affects interstate commerce and § 841(a)(1) is a valid exercise of congressional power), cert. denied, 518 U.S. 1033 (1996). 14 Finally, in a supplemental brief, Deering argues that the government violated 18 U.S.C. § 201 (c)(2) when it promised defense wi…
discussed
Cited "see, e.g."
Ex Parte Rhodes
(2×)
See, e.g., Hopwood v. Texas, 78 F.3d 932 , 941-945 (5th Cir.1996) (ignoring precedent of Regents of University of California v. Bakke, 438 U.S. 265 , 98 S.Ct. 2733 , 57 L.Ed.2d 750 (1978) and concluding that current Supreme Court would find that diversity is not a compelling justification for state university law school’s affirmative action admissions program), cert. denied, 518 U.S. 1033 , 116 S.Ct. 2581 , 135 L.Ed.2d 1095 (1996). .
discussed
Cited "see, e.g."
Godby v. Montgomery County Board of Education
Confusion may also be exacerbated by the retention of programs which were meant initially to serve a remedial purpose in desegregating the schools, see, e.g., Young by and through Young v. Montgomery County (Ala.) Bd. of Educ., 922 F.Supp. 544, 546-47 (M.D.Ala.1996) (noting that school board voluntarily maintained majority-to-minority transfer program which had originally been instituted as part of court order to desegregate), and by the confusing and willful handling of the issues of discrimination by some federal courts, see, e.g., Coalition for Economic Equity v. Wilson, 946 F.Supp. 1480 (N…
cited
Cited "see, e.g."
Wutzke v. Schwaegler
See, e.g., Kennedy v. Collagen Corp., 67 F.3d 1453, 1459 (9th Cir. 1995), cert. denied, 518 U.S. 1033 , 116 S. Ct. 2579 (1996); Montoya v. Mentor Corp., 122 N.M. 2 , 919 P.2d 410, 415-16 (1996).
Retrieving the full opinion text from the archive…
Brown
v.
United States
v.
United States
No. 95-7422.
Supreme Court of the United States.
Jul 1, 1996.
518 U.S. 1033
Published
C. A. 11th Cir. Certiorari denied.