56 Hawaii opinions name it 2 courts 1928–2024 2 in the last five years
The cases below were cited by Hawaii 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 |
|---|---|---|
Baehr v. Lewinred2 sentences2015On appeal, this court held that both on its face and as applied by the DOH, HRS § 572-1 established a sex-based classification, which would violate the equal protection clause of the Hawai'i Constitution unless the strict scrutiny test was met, and remanded the case to the circuit court to determine whether the State could meet its burden of showing that the statute “furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights.” Id. at 580, 582, 852 P.2d at 67, 68 . 2005See Baehr v. Lewin, 74 Haw. 530, 571 , 852 P.2d 44, 63 (1993). | 4 | 7 |
In Re the Tax Appeal of Pacific Marine & Supply Co.green2 sentences2024Such discrimination is only a violation of equal protection if it is totally arbitrary or capricious.” In re Pacific Marine & Supply Co., Ltd., 55 Haw. 572, 581 , 524 P.2d 890, 896 (1974). 2024Such discrimination is only a violation of equal protection if it is totally arbitrary or capricious.” In re Pacific Marine & Supply Co., Ltd., 55 Haw. 572, 581 , 524 P.2d 890, 896 (1974). | 3 | 3 |
Baehr v. Lewinred2 sentences2005See Baehr v. Lewin, 74 Haw. 530, 571 , 852 P.2d 44, 63 (1993). 2004SCI, 101 Hawai'i at 458 , 71 P.3d at 409 (quoting Baehr, 74 Haw. at 571 , 852 P.2d at 63 ). | 1 | 5 |
State v. Johnstongreen2 sentences1976In State v. Johnston, 51 Haw. 195 , 456 P.2d 805 (1969), appeal dismissed, 397 U.S. 336 (1970), we explained the effect of the equal protection clause as follows: “[Wjhat is prohibited by the equal protection guaranty is class legislation, discriminating against some and favoring others. 1976In State v. Johnston, 51 Haw. 195 , 456 P.2d 805 (1969), appeal dismissed, 397 U.S. 336 (1970), we explained the effect of the equal protection clause as follows: “[Wjhat is prohibited by the equal protection guaranty is class legislation, discriminating against some and favoring others. | 1 | 3 |
Miller v. Wilsongreen2 sentences2003In any event, "[a] statute does not violate the equal protection clause merely because it could have included other persons, objects, or conduct within its reach." State v. Freitas, 61 Haw. 262, 273 , 602 P.2d 914, 923 (1979) (citing James-Dickinson Co. v. Harry, 273 U.S. 119, 125 , 47 S.Ct. 308 , 71 L.Ed. 569 (1927).) This is because, "[t]he legislature is free to recognize degrees of harm, and it may confine its restrictions to those classes of cases where *415 the need is deemed to be the clearest." Miller v. Wilson, 236 U.S. 373, 384 , 35 S.Ct. 342 , 59 L.Ed. 628 (1915). 2003In any event, "[a] statute does not violate the equal protection clause merely because it could have included other persons, objects, or conduct within its reach." State v. Freitas, 61 Haw. 262, 273 , 602 P.2d 914, 923 (1979) (citing James-Dickinson Co. v. Harry, 273 U.S. 119, 125 , 47 S.Ct. 308 , 71 L.Ed. 569 (1927).) This is because, "[t]he legislature is free to recognize degrees of harm, and it may confine its restrictions to those classes of cases where *415 the need is deemed to be the clearest." Miller v. Wilson, 236 U.S. 373, 384 , 35 S.Ct. 342 , 59 L.Ed. 628 (1915). | 1 | 2 |
James-Dickinson Farm Mortgage Co. v. Harrygreen2 sentences2003In any event, "[a] statute does not violate the equal protection clause merely because it could have included other persons, objects, or conduct within its reach." State v. Freitas, 61 Haw. 262, 273 , 602 P.2d 914, 923 (1979) (citing James-Dickinson Co. v. Harry, 273 U.S. 119, 125 , 47 S.Ct. 308 , 71 L.Ed. 569 (1927).) This is because, "[t]he legislature is free to recognize degrees of harm, and it may confine its restrictions to those classes of cases where *415 the need is deemed to be the clearest." Miller v. Wilson, 236 U.S. 373, 384 , 35 S.Ct. 342 , 59 L.Ed. 628 (1915). 2003In any event, "[a] statute does not violate the equal protection clause merely because it could have included other persons, objects, or conduct within its reach." State v. Freitas, 61 Haw. 262, 273 , 602 P.2d 914, 923 (1979) (citing James-Dickinson Co. v. Harry, 273 U.S. 119, 125 , 47 S.Ct. 308 , 71 L.Ed. 569 (1927).) This is because, "[t]he legislature is free to recognize degrees of harm, and it may confine its restrictions to those classes of cases where *415 the need is deemed to be the clearest." Miller v. Wilson, 236 U.S. 373, 384 , 35 S.Ct. 342 , 59 L.Ed. 628 (1915). | 1 | 2 |
Craig v. Borengreen2 sentences2003See, e.g., Califano v. Goldfarb, 430 U.S. 199 , 97 S.Ct. 1021 , 51 L.Ed.2d 270 (1977); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976). [8] No party contends that the prevention of discrimination is not a compelling state interest. 1980Appellant challenges the constitutionality of HRS § 707-730 prior to its amendment, and claims that, by its terms, it denied him the equal protection of the law by punishing only men and no women, and protecting only women and no men, thus violating the equal protection guarantees of the Fourteenth Amendment of the United States Constitution and Article I, Section 4 of the Hawaii State Constitution 3 and the *123 equal rights amendment, Article I, Section 21, of the Hawaii State Constitution (ERA). 4 To withstand judicial scrutiny under the equal protection clause, a sex-based distinction “ ‘m | 1 | 2 |
Dunn v. Blumsteingreen2 sentences1972As suggested in Dunn v. Blumstein, supra, the “individual interests affected by the classification” are of primary significance in the application of the doctrine of equal protection. 1972In Dunn v. Blumstein, supra, 92 S.Ct. at 1003 , the Supreme Court, citing Shapiro , stated that “durational residence laws must be measured by a strict equal protection test: they are unconstitutional unless the State can demonstrate that such laws are ‘necessary to promote a compelling governmental interest.’ ” Appellant argues that appellee should not be allowed to recover damages. | 1 | 2 |
Nixon v. Administrator of General Servicesgreen1 sentence2020Servs., 433 U.S. 425, 471 (1977) (footnotes omitted). | 1 | 1 |
United States v. Allen John Bamberger, United States of America v. Barry Shipleygreen1 sentence2013Respectfully, State v. Razinha, 123 Ariz. 355 , 599 P.2d 808, 811-12 (Ariz.Ct.App.1979) and United States v. Bamberger, 482 F.2d 166, 168-69 (9th Cir.1973), cited by the majority, are inappo-site. | 1 | 1 |
State v. Razinhagreen2 sentences2013Respectfully, State v. Razinha, 123 Ariz. 355 , 599 P.2d 808, 811-12 (Ariz.Ct.App.1979) and United States v. Bamberger, 482 F.2d 166, 168-69 (9th Cir.1973), cited by the majority, are inappo-site. 2013Respectfully, State v. Razinha, 123 Ariz. 355 , 599 P.2d 808, 811-12 (Ariz.Ct.App.1979) and United States v. Bamberger, 482 F.2d 166, 168-69 (9th Cir.1973), cited by the majority, are inappo-site. | 1 | 1 |
Alamida v. Wilsongreen2 sentences2012Inasmuch as Petitioner raises no equal protection challenge, Peroutka is inapplicable. [30] It is said that "[t]he judicial power is an aspect of the power of a sovereign over a certain geographic territory; it derives from a generally recognized duty of the sovereign to regulate the relationship of individuals to the sovereign and the relationship of individuals inter se. " Alamida v. Wilson, 53 Haw. 398, 400 , 495 P.2d 585, 588 (1972). 2012Inasmuch as Petitioner raises no equal protection challenge, Peroutka is inapplicable. [30] It is said that "[t]he judicial power is an aspect of the power of a sovereign over a certain geographic territory; it derives from a generally recognized duty of the sovereign to regulate the relationship of individuals to the sovereign and the relationship of individuals inter se. " Alamida v. Wilson, 53 Haw. 398, 400 , 495 P.2d 585, 588 (1972). | 1 | 1 |
Sandy Beach Defense Fund v. City Councilgreen2 sentences2012See Sandy Beach Defense Fund v. City Council of City and County of Honolulu, 70 Haw. 361, 380 , 773 P.2d 250, 262 (1989) (ascertaining standard of review before inquiring whether equal protection was violated). 2012See Sandy Beach Defense Fund v. City Council of City and County of Honolulu, 70 Haw. 361, 380 , 773 P.2d 250, 262 (1989) (ascertaining standard of review before inquiring whether equal protection was violated). | 1 | 1 |
Bolling v. Sharpegreen2 sentences2011"The Fifth Amendment ... does not contain an equal protection clause as does the Fourteenth Amendment which applies only to the states.” Bolling v. Sharpe, 347 U.S. 497, 499 , 74 S.Ct. 693 , 98 L.Ed. 884 (1954). 2011"The Fifth Amendment ... does not contain an equal protection clause as does the Fourteenth Amendment which applies only to the states.” Bolling v. Sharpe, 347 U.S. 497, 499 , 74 S.Ct. 693 , 98 L.Ed. 884 (1954). | 1 | 1 |
Hooper v. Bernalillo County Assessorgreen2 sentences2011Assessor, 472 U.S. 612, 614, 624 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985) (reaching the merits of property owners’ challenge to “a New Mexico statute that grant[ed] a tax exemption limited to those Vietnam veterans who resided in the State before May 8, 1976” on the ground that the exemption violated the Equal Protection Clause and the Fourteenth Amendment); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977) (reaching the merits of a retired male wage earner’s equal protection challenge to the Social Security Act which granted higher monthly old-age benefits to retired f 2011Assessor, 472 U.S. 612, 614, 624 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985) (reaching the merits of property owners’ challenge to “a New Mexico statute that grant[ed] a tax exemption limited to those Vietnam veterans who resided in the State before May 8, 1976” on the ground that the exemption violated the Equal Protection Clause and the Fourteenth Amendment); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977) (reaching the merits of a retired male wage earner’s equal protection challenge to the Social Security Act which granted higher monthly old-age benefits to retired f | 1 | 1 |
Hawaii Medical Ass'n v. Hawaii Medical Service Ass'ngreen1 sentence2010Services Ass'n, 113 Hawai`i 77, 107, 148 P.3d 1179, 1209 (2006), this court held that "[w]e do not believe the amendment `overruled' Robert's Hawai`i ... but instead simply provided a new right that did not previously exist." [10] Section 4 of the Clayton Act, 15 U.S.C. § 15 (a), provides: (a) Amount of recovery; prejudgment interest Except as provided in subsection (b) of this section, any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor..., and shall recover threefold the damages by him sustained, and the cost of t | 1 | 1 |
Hawaii Insurers Council v. Linglegreen2 sentences2008See Hawaii Insurers Council, 117 Hawai'i at 462 , 184 P.3d at 777 . 2008See Hawaii Insurers Council, 117 Hawai'i at 462 , 184 P.3d at 777 . | 1 | 1 |
City of Cleburne v. Cleburne Living Center, Inc.green2 sentences2008Id. at 490-91, 125 S.Ct. 2655 (citing City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 446-47, 450 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985); Dep't of Agric. v. Moreno, 413 U.S. 528, 533-36 , 93 S.Ct. 2821 , 37 L.Ed.2d 782 (1973) (emphases added)). 2008Id. at 490-91, 125 S.Ct. 2655 (citing City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 446-47, 450 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985); Dep't of Agric. v. Moreno, 413 U.S. 528, 533-36 , 93 S.Ct. 2821 , 37 L.Ed.2d 782 (1973) (emphases added)). | 1 | 1 |
| Miller v. Albrightgreen | 1 | 1 |
| State v. Hatorigreen | 1 | 1 |
| Kahale v. City and County of Honolulugreen | 1 | 1 |
| State v. Freitasgreen | 1 | 1 |
| Califano v. Goldfarbgreen | 1 | 1 |
| Nakano v. Matayoshigreen | 1 | 1 |
| State v. Bakergreen | 1 | 1 |
| Meyer v. Jonesgreen | 1 | 1 |
| State v. Tookesgreen | 1 | 1 |
| State v. Riveragreen | 1 | 1 |
| Phillips v. Wisconsin Personnel Commissiongreen | 1 | 1 |
| Allegheny Pittsburgh Coal Co. v. Commission of Webster Cty.green | 1 | 1 |
| In Re the Tax Appeal of Swanngreen | 1 | 1 |
| Village of Arlington Heights v. Metropolitan Housing Development Corp.green | 1 | 1 |
| Washington v. Davisgreen | 1 | 1 |
| Maeda v. Amemiyagreen | 1 | 1 |
| Schweiker v. Wilsongreen | 1 | 1 |
| Caban v. Mohammedgreen | 1 | 1 |
| Orr v. Orrgreen | 1 | 1 |
| Holdman v. Olimgreen | 1 | 1 |
| York v. Stategreen | 1 | 1 |
| Buckley v. Valeogreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reynolds v. Sims
green
2 sentences2005The United States Supreme Court has held that the equal protection clause of the United States Constitution requires that electoral representation “be apportioned on a population basis.” Reynolds v. Sims, 377 U.S. 533, 568 , 84 S.Ct. 1362 , 12 L.Ed.2d 506 (1964). 7 This requirement means “that a[s]tate [must] make an honest and good faith effort to construct districts ... as nearly of equal population as is practicable.” Kawamoto, 75 Haw. at 470 , 868 P.2d at 1187 (quoting Reynolds, 377 U.S. at 577 , 84 S.Ct. 1362 (emphases added)). 2005The United States Supreme Court has held that the equal protection clause of the United States Constitution requires that electoral representation “be apportioned on a population basis.” Reynolds v. Sims, 377 U.S. 533, 568 , 84 S.Ct. 1362 , 12 L.Ed.2d 506 (1964). 7 This requirement means “that a[s]tate [must] make an honest and good faith effort to construct districts ... as nearly of equal population as is practicable.” Kawamoto, 75 Haw. at 470 , 868 P.2d at 1187 (quoting Reynolds, 377 U.S. at 577 , 84 S.Ct. 1362 (emphases added)). | 2 | 1970–2005 |
State v. Kaluna
green
2 sentences1993State v. Kaluna, 55 Haw. 361, 520 P.2d 51 (1974). [Holdman] urges that we do so, arguing both from Frontiero v. Richardson, supra, and from the presence of sex with race, religion and ancestry as a category specifically named in Article I, Section 4. 1993State v. Kaluna, 55 Haw. 361, 520 P.2d 51 (1974). [Holdman] urges that we do so, arguing both from Frontiero v. Richardson, supra, and from the presence of sex with race, religion and ancestry as a category specifically named in Article I, Section 4. | 2 | 1978–1993 |
Johnston v. Hawaii
green
2 sentences1976In State v. Johnston, 51 Haw. 195 , 456 P.2d 805 (1969), appeal dismissed, 397 U.S. 336 (1970), we explained the effect of the equal protection clause as follows: “[Wjhat is prohibited by the equal protection guaranty is class legislation, discriminating against some and favoring others. 1973“The general principle stated by the courts in the interpretation of the equal protection clause is that all persons shall be treated alike under like circumstances and conditions, both in the privileges conferred and in the liabilities imposed State v. Johnston, 51 Haw. 195, 202 , 456 *150 P.2d 805, 809 (1969), appeal dismissed, 397 U.S. 336 (1970). | 2 | 1973–1976 |
KNG CORP. v. Kim
green
2 sentences2018KNG Corp. v. Kim , 107 Hawai'i 73 , 82, 110 P.3d 397 , 406 (2005). 2018KNG Corp. v. Kim , 107 Hawai'i 73 , 82, 110 P.3d 397 , 406 (2005). | 1 | 2018–2018 |
Village of Willowbrook v. Olech
green
2 sentences2014The United States Su *220 preme Court has nevertheless recognized that an equal protection claim may be brought by a “class of one,” “where the plaintiff alleges that [he/she] has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” Vill. of Willowbrook v. Olech, 528 U.S. 562, 564 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000). 2014The United States Su *220 preme Court has nevertheless recognized that an equal protection claim may be brought by a “class of one,” “where the plaintiff alleges that [he/she] has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” Vill. of Willowbrook v. Olech, 528 U.S. 562, 564 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000). | 1 | 2014–2014 |
People v. Hosner
green
2 sentences2013Hosner held that an indigent defendant was entitled to the transcript of a prior trial under the equal protection clause of the Fourteenth Amendment to the United States Constitution. 123 Cal.Rptr. 381 , 538 P.2d at 1143 . .Moreover, "it would be an unjustifiable waste of appellate resources to require an exhaustive comparison of trial transcripts in every case in which a transcript has been denied.” United States v. Pulido, 879 F.2d 1255 (5th Cir.1989) . 2013Hosner held that an indigent defendant was entitled to the transcript of a prior trial under the equal protection clause of the Fourteenth Amendment to the United States Constitution. 123 Cal.Rptr. 381 , 538 P.2d at 1143 . .Moreover, "it would be an unjustifiable waste of appellate resources to require an exhaustive comparison of trial transcripts in every case in which a transcript has been denied.” United States v. Pulido, 879 F.2d 1255 (5th Cir.1989) . | 1 | 2013–2013 |
United States v. Lorenzo Pulido
green
1 sentence2013Hosner held that an indigent defendant was entitled to the transcript of a prior trial under the equal protection clause of the Fourteenth Amendment to the United States Constitution. 123 Cal.Rptr. 381 , 538 P.2d at 1143 . .Moreover, "it would be an unjustifiable waste of appellate resources to require an exhaustive comparison of trial transcripts in every case in which a transcript has been denied.” United States v. Pulido, 879 F.2d 1255 (5th Cir.1989) . | 1 | 2013–2013 |
Britt v. North Carolina
green
2 sentences2013Britt held that indigent defendants were entitled to relevant transcripts under the equal protection clause of the Fourteenth Amendment to the United States Constitution 7 because “the state must, as a matter of equal protection, provide indigent prisoners with the basic tools of an adequate defense or appeal, when those tools are available for a price to other prisoners.” 404 U.S. at 227 , 92 S.Ct. 431 . 2013Britt held that indigent defendants were entitled to relevant transcripts under the equal protection clause of the Fourteenth Amendment to the United States Constitution 7 because “the state must, as a matter of equal protection, provide indigent prisoners with the basic tools of an adequate defense or appeal, when those tools are available for a price to other prisoners.” 404 U.S. at 227 , 92 S.Ct. 431 . | 1 | 2013–2013 |
Califano v. Webster
green
2 sentences2011Assessor, 472 U.S. 612, 614, 624 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985) (reaching the merits of property owners’ challenge to “a New Mexico statute that grant[ed] a tax exemption limited to those Vietnam veterans who resided in the State before May 8, 1976” on the ground that the exemption violated the Equal Protection Clause and the Fourteenth Amendment); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977) (reaching the merits of a retired male wage earner’s equal protection challenge to the Social Security Act which granted higher monthly old-age benefits to retired f 2011Assessor, 472 U.S. 612, 614, 624 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985) (reaching the merits of property owners’ challenge to “a New Mexico statute that grant[ed] a tax exemption limited to those Vietnam veterans who resided in the State before May 8, 1976” on the ground that the exemption violated the Equal Protection Clause and the Fourteenth Amendment); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977) (reaching the merits of a retired male wage earner’s equal protection challenge to the Social Security Act which granted higher monthly old-age benefits to retired f | 1 | 2011–2011 |
Kahn v. Shevin
green
2 sentences2011Assessor, 472 U.S. 612, 614, 624 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985) (reaching the merits of property owners’ challenge to “a New Mexico statute that grant[ed] a tax exemption limited to those Vietnam veterans who resided in the State before May 8, 1976” on the ground that the exemption violated the Equal Protection Clause and the Fourteenth Amendment); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977) (reaching the merits of a retired male wage earner’s equal protection challenge to the Social Security Act which granted higher monthly old-age benefits to retired f 2011Assessor, 472 U.S. 612, 614, 624 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985) (reaching the merits of property owners’ challenge to “a New Mexico statute that grant[ed] a tax exemption limited to those Vietnam veterans who resided in the State before May 8, 1976” on the ground that the exemption violated the Equal Protection Clause and the Fourteenth Amendment); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977) (reaching the merits of a retired male wage earner’s equal protection challenge to the Social Security Act which granted higher monthly old-age benefits to retired f | 1 | 2011–2011 |
Mountain Timber Company v. State of Washington
green
2 sentences2008The United States Supreme Court considered a similar contention in Mountain Timber Co. v. Washington, 243 U.S. 219 , 37 S.Ct. 260 , 61 L.Ed. 685 (1917), in which employers advanced the argument that, because a state workers’ compensation law imposed the entire cost of accident loss upon the industries in which the losses arose, the law was viola-tive of the equal protection clause of the fourteenth amendment to the United States Constitution. 2008The United States Supreme Court considered a similar contention in Mountain Timber Co. v. Washington, 243 U.S. 219 , 37 S.Ct. 260 , 61 L.Ed. 685 (1917), in which employers advanced the argument that, because a state workers’ compensation law imposed the entire cost of accident loss upon the industries in which the losses arose, the law was viola-tive of the equal protection clause of the fourteenth amendment to the United States Constitution. | 1 | 2008–2008 |
| United States Department of Agriculture v. Moreno green | 1 | 2008–2008 |
Kelo v. City of New London
green
2 sentences2008Id. at 490-91, 125 S.Ct. 2655 (citing City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 446-47, 450 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985); Dep’t of Agric. v. Moreno, 413 U.S. 528, 533-36 , 93 S.Ct. 2821 , 37 L.Ed.2d 782 (1973) (emphases added)). 2008Id. at 490-91, 125 S.Ct. 2655 (citing City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 446-47, 450 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985); Dep't of Agric. v. Moreno, 413 U.S. 528, 533-36 , 93 S.Ct. 2821 , 37 L.Ed.2d 782 (1973) (emphases added)). | 1 | 2008–2008 |
| In Re Primus green | 1 | 2006–2006 |
| Kawamoto v. Okata green | 1 | 2005–2005 |
| Prater v. Ormiston green | 1 | 2005–2005 |
| Tuan Anh Nguyen v. Immigration & Naturalization Service green | 1 | 2005–2005 |
| Parham v. Hughes green | 1 | 2005–2005 |
| cluster 788581 green | 1 | 2005–2005 |
| Tax Appeal of County of Maui v. KM HAW. green | 1 | 2005–2005 |
| Salavea v. City and County of Honolulu green | 1 | 2004–2004 |
| Trimble v. Gordon green | 1 | 2004–2004 |
| SCI Management Corp. v. Sims green | 1 | 2004–2004 |
| State v. Levinson green | 1 | 2000–2000 |
| State v. Sturch green | 1 | 1999–1999 |
| State v. Hall green | 1 | 1999–1999 |
| State v. Renfro green | 1 | 1999–1999 |
| Thompson v. Yuen green | 1 | 1999–1999 |
| State v. Modica green | 1 | 1999–1999 |
| State v. Kailua Auto Wreckers, Inc. green | 1 | 1997–1997 |
| Welch v. Henry green | 1 | 1996–1996 |
| McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulation green | 1 | 1996–1996 |
| American Party of Texas v. White green | 1 | 1978–1978 |
| Storer v. Brown green | 1 | 1978–1978 |
| Brown v. Provisional Government neutral | 1 | 1972–1972 |
| Skinner v. Oklahoma Ex Rel. Williamson green | 1 | 1972–1972 |
| McLaughlin v. Florida green | 1 | 1972–1972 |
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.