Gilmore v. Waples’s Empirical Analysis

Citation profile

4 district · 120 state decisions

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

1. ““It is the undoubted right of a political party to make nominations for the elective officers of the people. The Legislature has the authority to prescribe reasonable methods to be employed for the purpose; but it does not possess the power to absolutely prohibit any nomination being made. Such an attempt would constitute an arbitrary interference with the liberty of the people to freely associate themselves for the purpose of expressing such choice for their elective offices as they might select and for reasons they might see fit.””

   1 later decision quote this exact passage · from the dissent
   e.g. Bryant v. O'DONNELL

2. “A statute so plain and unmistakable leaves nothing for interpretation or construction. All that courts may do with such a statute is to observe it and enforce it. There is an omission in the law, it is true. But it is not the business of courts to supply omissions in laws.”

   1 later decision quote this exact passage · from the dissent
   e.g. Hunter v. Fort Worth Capital Corp.

3. “The intention of a law is the essence of the law, and from this it follows that the primary rule of construction is to ascertain and give effect to that intention.”

   1 later decision quote this exact passage · from the dissent
   e.g. City of Nassau Bay v. Winograd