Fitts v. McGhee’s Empirical Analysis

Citation profile

94 federal appellate · 61 district · 100 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 573 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If, because they were law officers of the state, a case could be made for the purpose of testing the constitutionality of the statute, by an injunction suit brought against them, then the constitutionality of every act passed by the legislature could be tested by a suit against the governor and the attorney general, based upon the theory that the former, as the executive of the state, was, in a general sense, charged with the execution of all its laws, and the latter, as attorney general, might represent the state in litigation involving the enforcement of its statutes. That would be a very convenient way for obtaining a speedy judicial determination of questions of constitutional law which may be raised by individuals, but it is a mode which cannot be applied to the states of the Union consistently with the fundamental principle that they cannot, without their assent, be brought into any court at the suit of private persons.”

   27 later decisions quote this exact passage · from the majority
   e.g. Okpalobi v. Foster · Union Trust Co. v. Stearns

2. “Is this a suit against the State of Alabama? It is true that the Eleventh Amendment of the Constitution of the United States does not in terms declare that the judicial power of the United States shall not extend to suits against a State by citizens of such State. But it has been adjudged by this court upon full consideration that a suit against a State by one of its own citizens, the State not having consented to be sued, was unknown to and forbidden by the law, as much so as suits against a State by citizens of another State of the Union, or by citizens or subjects of foreign states. Hans v. Louisiana, 134 U.S. 1 , 10, 15 [10 S.Ct. 504, 1 L.Ed. 440] [33:842, 845, 847]; North Carolina v. Temple, 134 U.S. 22 , [10 S.Ct. 509, 33 L.Ed. 849] [33:849]. It is therefore an immaterial circumstance in the present case that the plaintiffs do not appear to be citizens of another state than Alabama, and may be citizens of that state.”

   6 later decisions quote this exact passage · from the majority
   e.g. Morenci Copper Co. v. Freer · 309 F. Supp. 12 - Westberry v. Fisher

3. ““To secure the manifest purposes of the constitutional exemption guarantied by the eleventh amendment requires that it should be interpreted, not literally and too narrowly, but fairly, and with such breadth and largeness as effectually to accomplish the substance of its purpose. In this spirit it must be held to cover, not only suits brought against a state by name, but those also against its officers, agents, and representatives, where the state, though not named as such, is nevertheless the only real party, against which alone in fact the relief is asked, and against which the judgment or decree effectively operates. ⅞ ■■■ * If these principles be applied in the present case, there is no escape from the conclusion that, although the state of Alabama was dismissed as a party defendant, this suit against its officers is really one against the state. As a state can act only by its officers, an order restraining those officers from taking any steps, by means of judicial proceedings, in execution of the statute of 1895, is one which restrains the state itself, and the suit is consequently as much against the state as if the state were named as a parly defendant on the record.””

   2 later decisions quote this exact passage · from the majority
   e.g. Morenci Copper Co. v. Freer · Western Union Telegraph Co. v. Andrews