Browder v. Gayle’s Empirical Analysis
1956
Citation profile
80 federal appellate · 3 district · 8 state decisions
How this case has been cited
Cited by 134 later decisions (8 by the Supreme Court) — most recently June 2023 · most notably Agostini v. Felton Chancellor Board of Education of the City of New York (1997), McNeese v. Board of Education for Community Unit School District 187 Cahokia (1963)
80 federal appellate · 3 district · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1254 · 28 U.S.C. § 2281 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Brown et al. v. Board of Education of Topeka et al. · Bolling v. Sharpe · Shelley v. Kraemer · Lovell v. City of Griffin · Plessy v. Ferguson
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 134 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * has no application where the plaintiffs complain that they are being deprived of constitutional civil rights, for the protection of which the Federal courts have a re sponsibility as heavy as that which rests on the State courts.” 10”
3 later decisions quote this exact passage · from the majority““In their private affairs, in the conduct of their private businesses, it is clear that the people themselves have the liberty to select their own associates and the persons with whom they will do business, unimpaired by the Fourteenth Amendment. The Civil Rights Cases, 109 U.S. 3 , 3 S.Ct. 18 , 27 L.Ed. 835 . Indeed we think that such liberty is guaranteed by the due process of that Amendment.””
2 later decisions quote this exact passage · from the majority“That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, shall, any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress; such proceeding to be prosecuted in the several district or circuit courts of the United States, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts, under the provisions of the act of the ninth of April, eighteen hundred and sixty-six, entitled “An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication,” and the other remedial laws of the United States which are in their nature applicable in such cases.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.