Whitener v. McWatters’s Empirical Analysis

Citation profile

3 federal appellate · 1 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No person can doubt the propriety of the provision authorizing each house to determine the rules of its own proceedings. If the power did not exist, it would be utterly impracticable to transact the business of the nation, either at all, or at least with decency, deliberation, and order. The humblest assembly of men is understood to possess this power; and it would be absurd to deprive the councils of the nation of a like authority. But the power to make rules would be nugatory, unless it was coupled with a power to punish for disorderly behavior, or disobedience to those rules.”

   1 later decision quote this exact passage · from the majority
   e.g. Monserrate v. NEW YORK STATE SENATE

2. “While [plaintiff] was arguably disciplined for speech, it was legislative speech, which is protected from executive, or in the United States, judicial interference, but not from the legislative body’s judgment. As legislative speech and voting is protected by absolute immunity, the exercise of self-disciplinary power is likewise protected.”

   1 later decision quote this exact passage · from the majority
   e.g. 617 F. Supp. 2d 606 - Shields v. Charter Tp. of Comstock

3. “Americans at the founding and after understood the power to punish members as a legislative power inherent even in the humblest assembly of men.”

   1 later decision quote this exact passage · from the majority
   e.g. Gamrat v. Allard