60 Idaho opinions name it 2 courts 1980–2022 4 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Leliefeld v. Johnsongreen2 sentences1992Freeman Co., 117 Idaho 706, 711 , 791 P.2d 1285, 1290 (1990) (“[T]he appropriate test to review a statute which impacts social or economic areas is the rational basis test which requires only that the statute ‘advances legitimate legislative goals in a rational fashion.’ ”) (Citing Leliefeld v. Johnson, 104 Idaho 357, 374 , 659 P.2d 111, 128 (1983).) The Act’s distinction between commercial and non-commercial outfitting does not violate the equal protection clause of the United States Constitution. 1992Freeman Co., 117 Idaho 706, 711 , 791 P.2d 1285, 1290 (1990) (“[T]he appropriate test to review a statute which impacts social or economic areas is the rational basis test which requires only that the statute ‘advances legitimate legislative goals in a rational fashion.’ ”) (Citing Leliefeld v. Johnson, 104 Idaho 357, 374 , 659 P.2d 111, 128 (1983).) The Act’s distinction between commercial and non-commercial outfitting does not violate the equal protection clause of the United States Constitution. | 6 | 9 |
Friends of Minidoka v. Jerome Countygreen2 sentences2014Bd. of Comm’rs, 153 Idaho 298, 315 , 281 P.3d 1076, 1093 (2012). 2014Bd. of Comm’rs, 153 Idaho 298, 315 , 281 P.3d 1076, 1093 (2012). | 3 | 3 |
Bradbury v. Idaho Judicial Councilgreen2 sentences2012Bradbury v. Idaho Judicial Council, 136 Idaho 63, 69 , 28 P.3d 1006, 1012 (2001). “[Substantive due process requires that ‘a statute bear a reasonable relationship to a permissible legislative objective.’ ” Id. (quoting Aberdeen-Springfield Canal Co. v. Peiper, 133 Idaho 82, 90 , 982 P.2d 917, 925 (1999)). 2012Bradbury v. Idaho Judicial Council, 136 Idaho 63, 69 , 28 P.3d 1006, 1012 (2001). “[Substantive due process requires that ‘a statute bear a reasonable relationship to a permissible legislative objective.’ ” Id. (quoting Aberdeen-Springfield Canal Co. v. Peiper, 133 Idaho 82, 90 , 982 P.2d 917, 925 (1999)). | 3 | 3 |
Pace v. Hymasgreen2 sentences2011In this context, this Court has stated that: “Substantive due process” means “that state action which deprives [a person] of life, liberty, or property must have a rational basis — that is to say, the reason for the deprivation may not be so inadequate that the judiciary will characterize it as ‘arbitrary.’ ” Bradbury v. Idaho Judicial Council, 136 Idaho 63, 69 , 28 P.3d 1006, 1012 (2001) (quoting Pace v. Hymas, 111 Idaho 581, 586 , 726 P.2d 693, 698 (1986)). 2011In this context, this Court has stated that: “Substantive due process” means “that state action which deprives [a person] of life, liberty, or property must have a rational basis — that is to say, the reason for the deprivation may not be so inadequate that the judiciary will characterize it as ‘arbitrary.’ ” Bradbury v. Idaho Judicial Council, 136 Idaho 63, 69 , 28 P.3d 1006, 1012 (2001) (quoting Pace v. Hymas, 111 Idaho 581, 586 , 726 P.2d 693, 698 (1986)). | 3 | 3 |
Idaho Water Resource Board v. Kramergreen2 sentences2010See Idaho Water Resources Board v. Kramer, 97 Idaho 535 , 548 P.2d 35 (1976). 2010See Idaho Water Resources Board v. Kramer, 97 Idaho 535 , 548 P.2d 35 (1976). | 3 | 3 |
Olsen v. J.A. Freeman Co.green2 sentences2021Id. (stating that the rational basis test 13 is employed when the strict scrutiny test and means-focus test are not applicable). 1992Freeman Co., 117 Idaho 706, 711 , 791 P.2d 1285, 1290 (1990) (“[T]he appropriate test to review a statute which impacts social or economic areas is the rational basis test which requires only that the statute ‘advances legitimate legislative goals in a rational fashion.’ ”) (Citing Leliefeld v. Johnson, 104 Idaho 357, 374 , 659 P.2d 111, 128 (1983).) The Act’s distinction between commercial and non-commercial outfitting does not violate the equal protection clause of the United States Constitution. | 2 | 3 |
Heese v. a & T TRUCKINGgreen2 sentences2004The Court must analyze the constitutionality of I.C. § 72-451 under a rational basis test because it involves an “economic and social welfare” provision and, therefore, the statute “must bear a rational relationship to a legitimate legislative purpose.” Id. at 142, 868 P.2d at 470 ; Heese v. A & T Trucking, 102 Idaho 598, 600 , 635 P.2d 962, 964 (1981). 2004The Court must analyze the constitutionality of I.C. § 72-451 under a rational basis test because it involves an “economic and social welfare” provision and, therefore, the statute “must bear a rational relationship to a legitimate legislative purpose.” Id. at 142, 868 P.2d at 470 ; Heese v. A & T Trucking, 102 Idaho 598, 600 , 635 P.2d 962, 964 (1981). | 2 | 3 |
Jones v. State Board of Medicinegreen2 sentences1999Under the “rational basis” or “rational relationship” test, the regulation or statute in question should be upheld as long as its objectives “can reasonably be said to promote the health, safety and welfare of the public.” Jones v. State Board of Medicine, 97 Idaho 859, 871 , 555 P.2d 399, 411 (1976). 1984See, State v. McCoy, 94 Idaho 236 , 486 P.2d 247 (1971) ( dictum )." Jones v. State Board of Medicine, 97 Idaho at 864 , 555 P.2d at 404 . [5] At oral argument it was suggested that the "reasonable" or "rational" element of the rational basis test might require that the rationality of the legislative decision be "fair and substantial," because of the decision in Packard v. Joint School Dist. | 2 | 3 |
Bint v. Creative Forest Productsgreen2 sentences2021Under the rational basis test, a classification will survive scrutiny if there is “any conceivable state of facts which will support it.” Id. (quoting Bint v. Creative Forest Prods., 108 Idaho 116, 120 , 697 P.2d 818, 822 (1985)). 1. 2021Under the rational basis test, a classification will survive scrutiny if there is “any conceivable state of facts which will support it.” Id. (quoting Bint v. Creative Forest Prods., 108 Idaho 116, 120 , 697 P.2d 818, 822 (1985)). 1. | 2 | 2 |
State v. Hartgreen2 sentences2015State v. Hart, 135 Idaho 827, 830 , 25 P.3d 850, 853 (2001). 2015State v. Hart, 135 Idaho 827, 830 , 25 P.3d 850, 853 (2001). | 2 | 2 |
cluster 741009green2 sentences2009See, e.g., Tucker v. Branker, 142 F.3d 1294, 1301 (D.C.Cir.1998) (holding that “making the filing-fee provision of the PLRA applicable to indigent prisoners but not to other indigent civil plaintiffs has a rational basis and does not violate the equal protection component of due process”); Nicholas v. Tucker, 114 F.3d 17, 20 (2d Cir.1997) (holding that “the Act easily passes the rational basis test. 2009Cir. 1998) (holding that “making the filing-fee provision of the PLRA applicable to indigent prisoners but not to other indigent civil plaintiffs has a rational basis and does not violate the equal protection component of due process”); Nicholas v. Tucker, 114 F.3d 17, 20 (2d Cir. 1997) (holding that “the Act easily passes the rational basis test. | 2 | 2 |
Sundquist v. Precision Steel & Gypsum, Inc.green2 sentences2008Unlike an occupational disease, by definition, an accident “can be reasonably located as to time when and place where it occurred____” I.C. § 72-102(18)(b); see also Sundquist v. Precision Steel & Gypsum, Inc., 141 Idaho 450, 456 , 111 P.3d 135, 141 (2005) (stating an occupational disease develops over time). 2008Unlike an occupational disease, by definition, an accident “can be reasonably located as to time when and place where it occurred____” I.C. § 72-102(18)(b); see also Sundquist v. Precision Steel & Gypsum, Inc., 141 Idaho 450, 456 , 111 P.3d 135, 141 (2005) (stating an occupational disease develops over time). | 2 | 2 |
Village of Willowbrook v. Olechgreen2 sentences2002Anderson cites the Seventh Circuit’s opinion in Olech v. Village of Willowbrook for the proposition that selective enforcement based entirely upon subjective ill will on the part of a government official amounts to an “arbitrary classification” that fails the rational basis test. 160 F.3d 386 (7th Cir.1998), aff'd on other grounds, Village of Willowbrook v. Olech, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000). 2002Anderson cites the Seventh Circuit’s opinion in Olech v. Village of Willowbrook for the proposition that selective enforcement based entirely upon subjective ill will on the part of a government official amounts to an “arbitrary classification” that fails the rational basis test. 160 F.3d 386 (7th Cir.1998), aff'd on other grounds, Village of Willowbrook v. Olech, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000). | 2 | 2 |
Johnson v. Sunshine Min. Co., Inc.green2 sentences1992The rational basis test “requires only that the statute ‘advances legitimate legislative goals in a rational fashion.’ ” Johnson, 106 Idaho at 869-70 , 684 P.2d at 271 -72 (citing Leliefeld, 104 Idaho at 374, 659 P.2d at 128). 1992The rational basis test “requires only that the statute ‘advances legitimate legislative goals in a rational fashion.’ ” Johnson, 106 Idaho at 869-70 , 684 P.2d at 271 -72 (citing Leliefeld, 104 Idaho at 374, 659 P.2d at 128). | 1 | 5 |
Meisner v. Potlatch Corp.green2 sentences2022In applying the rational basis test, it makes no difference whether the classification is challenged under the U.S. Constitution or the Idaho Constitution, for the test is the same: “Under either the Fourteenth Amendment or the Idaho Constitution, a classification will survive rational basis analysis if the classification is rationally related to a legitimate governmental purpose.” Gomersall, 168 Idaho at 319, 483 P.3d at 376 (quoting Meisner v. Potlatch Corp., 131 Idaho 258, 262 , 954 P.2d 676, 680 (1998)). 2022In applying the rational basis test, it makes no difference whether the classification is challenged under the U.S. Constitution or the Idaho Constitution, for the test is the same: “Under either the Fourteenth Amendment or the Idaho Constitution, a classification will survive rational basis analysis if the classification is rationally related to a legitimate governmental purpose.” Gomersall, 168 Idaho at 319, 483 P.3d at 376 (quoting Meisner v. Potlatch Corp., 131 Idaho 258, 262 , 954 P.2d 676, 680 (1998)). | 1 | 4 |
Tarbox v. Tax Commissiongreen2 sentences1993“The established rule in Idaho is that the rational basis test is the appropriate standard of review of classifications made for tax purposes.” Tarbox v. Tax Comm’n, 107 Idaho at 959 , 695 P.2d at 344 ; Sheppard v. State Dep’t of Employment, 103 Idaho 501, 504 , 650 P.2d 643, 646 (1982). 1993“The established rule in Idaho is that the rational basis test is the appropriate standard of review of classifications made for tax purposes.” Tarbox v. Tax Comm’n, 107 Idaho at 959 , 695 P.2d at 344 ; Sheppard v. State Dep’t of Employment, 103 Idaho 501, 504 , 650 P.2d 643, 646 (1982). | 1 | 4 |
Schweiker v. Wilsongreen2 sentences1984This court has limited review under that standard to statutes of a blatantly discriminatory nature. 2 The rational basis test “requires ‘that legislation classify the persons it affects in a manner rationally related to legitimate governmental objectives.’ ” Twin Falls Clinic & Hospital Building Corporation v. Hamill, 103 Idaho 19, 24-5 , 644 P.2d 341 (1982) (quoting Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074,1080 , 67 L.Ed.2d 186 (1981)). 1984This court has limited review under that standard to statutes of a blatantly discriminatory nature. 2 The rational basis test “requires ‘that legislation classify the persons it affects in a manner rationally related to legitimate governmental objectives.’ ” Twin Falls Clinic & Hospital Building Corporation v. Hamill, 103 Idaho 19, 24-5 , 644 P.2d 341 (1982) (quoting Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074,1080 , 67 L.Ed.2d 186 (1981)). | 1 | 3 |
Idaho Schools for Equal Educational Opportunity v. Evansgreen2 sentences2002Idaho Schools for Equal Educational Opportunity v. Evans, 123 Idaho 573 , 850 P.2d 724 (1993). 1993However, the Court in Thompson reversed the district court, and therefore the majority is correct that the Thompson case authoritatively decided the equal protection issue, both based upon the "right result-wrong theory" rule, and upon the merits of the rational basis test analysis of the Thompson Court as recognized in Part 2(b) of the majority opinion. [4] III However, I dissent from Part 3 of the Court's opinion in which the majority concludes that, "Thompson Does Not Hold Whether The `Thoroughness' Requirement of the Education Clause Was Violated in That Case and Thus Does Not Foreclose Th | 1 | 3 |
Sheppard v. Stategreen2 sentences1993“The established rule in Idaho is that the rational basis test is the appropriate standard of review of classifications made for tax purposes.” Tarbox v. Tax Comm’n, 107 Idaho at 959 , 695 P.2d at 344 ; Sheppard v. State Dep’t of Employment, 103 Idaho 501, 504 , 650 P.2d 643, 646 (1982). 1993“The established rule in Idaho is that the rational basis test is the appropriate standard of review of classifications made for tax purposes.” Tarbox v. Tax Comm’n, 107 Idaho at 959 , 695 P.2d at 344 ; Sheppard v. State Dep’t of Employment, 103 Idaho 501, 504 , 650 P.2d 643, 646 (1982). | 1 | 2 |
| McGowan v. Marylandgreen | 1 | 2 |
Dandridge v. Williamsgreen2 sentences1986The appropriate standard of review, under the language of Jones and Leliefield, would seem to be that applicable to economic legislation, that being the rational basis test of McGowan v. Maryland, 366 U.S. 420 , 81 S.Ct. 1101 , 6 L.Ed.2d 393 , (1961), and Dandridge v. Williams, 397 U.S. 471 , 90 S.Ct. 1153 , 25 L.Ed.2d 491 (1970). 1986The appropriate standard of review, under the language of Jones and Leliefield, would seem to be that applicable to economic legislation, that being the rational basis test of McGowan v. Maryland, 366 U.S. 420 , 81 S.Ct. 1101 , 6 L.Ed.2d 393 , (1961), and Dandridge v. Williams, 397 U.S. 471 , 90 S.Ct. 1153 , 25 L.Ed.2d 491 (1970). | 1 | 2 |
| McLean v. Maverik Country Stores, Inc.green | 1 | 1 |
| Guzman v. Piercy / Canyon County / Suttongreen | 1 | 1 |
| Kawaoka v. City of Arroyo Grandegreen | 1 | 1 |
| Aberdeen-Springfield Canal Co. v. Peipergreen | 1 | 1 |
| Tucker, Cornelius v. Branker, G.green | 1 | 1 |
| Anderson v. Spaldinggreen | 1 | 1 |
| Robison v. Bateman-Hall, Inc.green | 1 | 1 |
| City of Cleburne v. Cleburne Living Center, Inc.green | 1 | 1 |
| Phinney v. Shoshone Medical Centergreen | 1 | 1 |
| Matter of McNeelygreen | 1 | 1 |
| Sandpoint Convalescent Services, Inc. v. Idaho Department of Health & Welfaregreen | 1 | 1 |
| State v. McCoyred | 1 | 1 |
| State v. Bowmangreen | 1 | 1 |
| Kerr v. Department of Employmentgreen | 1 | 1 |
| Hunter v. North Mason School Dist.green | 1 | 1 |
| Carson v. Maurerred | 1 | 1 |
| Estate of Cargill v. City of Rochestergreen | 1 | 1 |
| Arneson v. Olsongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Coghlan v. Beta Theta Pi Fraternity
green
2 sentences2021“Under the rational basis test, a classification will withstand an equal protection challenge if there is any conceivable state of facts which will support it.” Id. at 396–97, 987 P.2d at 308–09 (internal quotation omitted). 2021“Under the rational basis test, a classification will withstand an equal protection challenge if there is any conceivable state of facts which will support it.” Id. at 396–97, 987 P.2d at 308–09 (internal quotation omitted). | 6 | 2001–2022 |
Minnesota v. Clover Leaf Creamery Co.
green
2 sentences1984Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons." The recent opinion of the United States Supreme Court in Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 , 101 S.Ct. 715 , 66 L.Ed.2d 659 (1981), provides the current expression of the rational basis test. 1984Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons." The recent opinion of the United States Supreme Court in Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 , 101 S.Ct. 715 , 66 L.Ed.2d 659 (1981), provides the current expression of the rational basis test. | 5 | 1984–2010 |
Malloroy v. State
green
2 sentences2010In applying the rational basis standard, we begin with the understanding that (1) the legislature may reasonably exercise its power to define crime and fix punishment by classifying criminals with reference to the heinous nature or gravity of the crime they committed, see Malloroy v. State, 91 Idaho 914 , 435 P.2d 254 (1967), and (2) that legislative declarations of public purpose are afforded great deference in determining the validity of legislation under the equal protection clause in the United States and Idaho Constitutions. 2010In applying the rational basis standard, we begin with the understanding that (1) the legislature may reasonably exercise its power to define crime and fix punishment by classifying criminals with reference to the heinous nature or gravity of the crime they committed, see Malloroy v. State, 91 Idaho 914 , 435 P.2d 254 (1967), and (2) that legislative declarations of public purpose are afforded great deference in determining the validity of legislation under the equal protection clause in the United States and Idaho Constitutions. | 3 | 1988–2010 |
McGinnis v. Royster
green
2 sentences2010Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 , 101 S.Ct. 715 , 66 L.Ed.2d 659 (1981); McGinnis v. Royster, 410 U.S. 263 , 93 S.Ct. 1055 , 35 L.Ed.2d 282 (1973); Leliefeld v. Johnson, 104 Idaho 357, 374 , 659 P.2d 111, 128 (1983) (“Under the ‘rational basis’ test which is generally appropriate to use when reviewing statutes which impact social or economic areas, the question becomes whether the classification ‘advances legitimate legislative goals in a rational fashion.’”). 2010Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 , 101 S.Ct. 715 , 66 L.Ed.2d 659 (1981); McGinnis v. Royster, 410 U.S. 263 , 93 S.Ct. 1055 , 35 L.Ed.2d 282 (1973); Leliefeld v. Johnson, 104 Idaho 357, 374 , 659 P.2d 111, 128 (1983) (“Under the ‘rational basis’ test which is generally appropriate to use when reviewing statutes which impact social or economic areas, the question becomes whether the classification ‘advances legitimate legislative goals in a rational fashion.’”). | 3 | 1988–2010 |
Tupper v. State Farm Insurance
green
2 sentences1999In the present case, Van Tine’s constitutional challenge of I.C. § 72-804 should be tested under the rational basis test of equal protection review since the statute creates “‘no suspect or invidiously discriminatory classification’ and implicated] ‘no fundamental right,’ but rather involved] ‘economic and social welfare legislation.’ ” Tupper, 131 Idaho at 730 , 963 P.2d at 1167 (quoting Rhodes, 125 Idaho at 142 , 868 P.2d at 470 ). 1999In the present case, Van Tine’s constitutional challenge of I.C. § 72-804 should be tested under the rational basis test of equal protection review since the statute creates “‘no suspect or invidiously discriminatory classification’ and implicated] ‘no fundamental right,’ but rather involved] ‘economic and social welfare legislation.’ ” Tupper, 131 Idaho at 730 , 963 P.2d at 1167 (quoting Rhodes, 125 Idaho at 142 , 868 P.2d at 470 ). | 3 | 1999–2008 |
Rhodes v. Industrial Commission
green
2 sentences2004The Court must analyze the constitutionality of I.C. § 72-451 under a rational basis test because it involves an “economic and social welfare” provision and, therefore, the statute “must bear a rational relationship to a legitimate legislative purpose.” Id. at 142, 868 P.2d at 470 ; Heese v. A & T Trucking, 102 Idaho 598, 600 , 635 P.2d 962, 964 (1981). 1999In the present case, Van Tine’s constitutional challenge of I.C. § 72-804 should be tested under the rational basis test of equal protection review since the statute creates “‘no suspect or invidiously discriminatory classification’ and implicated] ‘no fundamental right,’ but rather involved] ‘economic and social welfare legislation.’ ” Tupper, 131 Idaho at 730 , 963 P.2d at 1167 (quoting Rhodes, 125 Idaho at 142 , 868 P.2d at 470 ). | 3 | 1998–2004 |
Packard v. Joint School District No. 171
green
2 sentences1990State v. Breed, id .; Packard v. Joint School District 171, 104 Idaho 604 , 661 P.2d 770 (Ct.App. 1983). 1990State v. Breed, id .; Packard v. Joint School District 171, 104 Idaho 604 , 661 P.2d 770 (Ct.App. 1983). | 3 | 1984–1990 |
Federal Communications Commission v. Beach Communications, Inc.
green
2 sentences2021“Under the rational basis test, a classification will withstand an equal protection challenge if there is any conceivable state of facts which will support it.” Id. at 396–97, 987 P.2d at 308–09 (internal quotation omitted). 2021“Under the rational basis test, a classification will withstand an equal protection challenge if there is any conceivable state of facts which will support it.” Id. at 396–97, 987 P.2d at 308–09 (internal quotation omitted). | 2 | 2021–2021 |
Venters v. Sorrento Delaware, Inc.
green
2 sentences2008The Worker’s Compensation Law involves social and economic welfare issues and “equal protection challenges to those statutes are subject to the rational basis test.” Id. 2008The Worker’s Compensation Law involves social and economic welfare issues and “equal protection challenges to those statutes are subject to the rational basis test.” Id. 2 Arel stipulated that he did not advise T & L of the fall prior to March 31, 2005, and that T & L had no notice that Arel suffered an injury until March 31, 2005. | 2 | 2008–2008 |
State v. Breed
green
2 sentences1990Nelson & Sons, Inc. v. Bender, 95 Idaho 813 , 520 P.2d 860 (1974); State v. Breed, 111 Idaho 497 , 725 P.2d 202 (Ct.App. 1986). *677 This Court has held that a classification for tax purposes is reviewed on the rational basis test. 1990Nelson & Sons, Inc. v. Bender, 95 Idaho 813 , 520 P.2d 860 (1974); State v. Breed, 111 Idaho 497 , 725 P.2d 202 (Ct.App. 1986). *677 This Court has held that a classification for tax purposes is reviewed on the rational basis test. | 2 | 1987–1990 |
| Twin Falls Clinic & Hospital Building Corp. v. Hamill green | 2 | 1982–1984 |
| State v. Bennett green | 1 | 2014–2014 |
| American Savings and Loan Association, a California Corporation v. County of Marin, a Public Entity green | 1 | 2006–2006 |
| Eva Ciechon v. The City of Chicago green | 1 | 2006–2006 |
| Memorial Hospital v. Maricopa County green | 1 | 2005–2005 |
| Primary Health Network, Inc. v. State, Department of Administration green | 1 | 2005–2005 |
| Grace Olech v. Village of Willowbrook green | 1 | 2002–2002 |
| Harris v. State, Dept. of Health green | 1 | 2002–2002 |
| State v. Beam green | 1 | 2001–2001 |
| State v. Avelar green | 1 | 1999–1999 |
| Craig v. Boren green | 1 | 1998–1998 |
| State v. Reed green | 1 | 1998–1998 |
| Thompson v. Engelking green | 1 | 1993–1993 |
| Evans v. Idaho State Tax Commission green | 1 | 1990–1990 |
| Sterling H. Nelson & Sons, Inc. v. Bender green | 1 | 1990–1990 |
| State v. Hayes green | 1 | 1990–1990 |
| Walter Fleisher Co. v. County of Los Angeles green | 1 | 1988–1988 |
| Burns v. Diocese of Newark green | 1 | 1988–1988 |
| Stein v. Hill green | 1 | 1988–1988 |
| Smith v. Department of Employment green | 1 | 1984–1984 |
| Thompson v. Hagan green | 1 | 1984–1984 |
| Idaho Department of Employment v. Smith green | 1 | 1984–1984 |
| Duke Power Co. v. Carolina Environmental Study Group, Inc. green | 1 | 1983–1983 |
| Lindsley v. Natural Carbonic Gas Co. green | 1 | 1982–1982 |
| Harper v. Virginia Board of Elections green | 1 | 1982–1982 |
| Walker v. Yucht green | 1 | 1982–1982 |
| Sosna v. Iowa green | 1 | 1982–1982 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.