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← 165 F.2d 387 - Rice v. Elmore

Rice v. Elmore’s Empirical Analysis

165 F.2d 387 · 1947

Citation profile

67
cited by 67 later decisions
3
cited 3 times by the Supreme Court
6
states following
February 2016
most recently cited

26 federal appellate · 9 district · 8 state decisions

How this case has been cited

Cited by 67 later decisions (3 by the Supreme Court) — most recently February 2016 · most notably City of Mobile v. Bolden (1980), Terry v. Adams (1953)

26 federal appellate · 9 district · 8 state decisions

22019471950196019701980199020002010decided

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 2 U.S.C. § 241 · 28 U.S.C. § 41 · 8 U.S.C. § 31

Relies on Yick Wo v. Hopkins · United States v. Classic · Steele v. Louisville & Nashville Railroad · Cannon v. United States · Smith v. Allwright

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

  1. “"For half a century or more the Democratic Party has absolutely controlled the choice of elective officers in the State of South Carolina. The real elections within that state have been contests within the Democratic Party, the general elections serving only to ratify and give legal validity to the party choice." 165 F.2d at 388 .”
    2 later decisions quote this exact passage · from the majority
  2. ““* « * [T]he great mass of the American electorate is grouped into political parties, to one or the other of which voters adhere with tenacity, due to their divergent views on questions of public policy, their interests, their environment, and various other influences, sentimental and historical. So strong with the great majority of voters are party associations, so potent the party slogan, so effective the party organization, that the likelihood of a candidate succeeding in an election without a party nomination is practically negligible. As a result, every voter comes to the polls on the day of the general election confined in his choice to those few candidates who have received party nominations, and constrained to consider their eligibility, in point of personal fitness, as affected by their party associations and their obligation to pursue more or less definite lines of policy, with which the voter may or may not agree. As a practical matter, the ultimate choice of the mass of voters is predetermined when the nominations have been made •X* * *X' >*”
    1 later decision quote this exact passage · from the majority
  3. “When these officials participate in what is a part of the state's election machinery, they are election officers of the state de facto if not de jure, and as such must observe the limitations of the Constitution. Having undertaken to perform an important function relating to the exercise of sovereignty by the people, they may not violate the fundamental principles laid down by the Constitution for its exercise.”
    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.