199 Ill. 2d 309 - Wickham v. Byrne’s Empirical Analysis

Citation profile

119 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In most cases, the relationship between a child and his or her grandparents is a nurturing, loving relationship that provides a vital connection to the family's history and roots. However, as with all human relationships, conflicts may arise between a child's parents and grandparents. In many cases, this conflict will concern disagreements about how a parent is raising his or her children. Yet, this human conflict has no place in the courtroom. This is true even where the intrusion is made in good conscience, such as the request for visitation to preserve the child's only connection to a deceased parent's family. Parents have the constitutionally protected latitude to raise their children as they decide, even if these decisions are perceived by some to be for arbitrary or wrong reasons. The presumption that parents act in their children's best interest prevents the court from second-guessing parents' visitation decisions. Moreover, a fit parent's constitutionally protected liberty interest to direct the care, custody, and control of his or her children mandates that parents — not judges — should be the ones to decide with whom their children will and will not associate." Wickham, 199 Ill.2d at 321-22 , 263 Ill.Dec. 799 , 769 N.E.2d 1 .”

   3 later decisions quote this exact passage · from the majority
   e.g. 213 Ill. 2d 105 - Johnson v. Duncan · 231 W. Va. 38 - In Re Grandparent Visitation of A.P.

2. “"(b)(1) The court may grant reasonable visitation privileges to a grandparent, great-grandparent, or sibling of any minor child upon petition to the court by the grandparents or great-grandparents or on behalf of the sibling, with notice to the parties required to be notified under Section 601 of this Act, if the court determines that it is in the best interests and welfare of the child, and may issue any necessary orders to enforce such visitation privileges. Except as provided in paragraph (2) of this subsection (b), a petition for visitation privileges may be filed under this paragraph (1) * * * if one or more of the following circumstances exist: (A) the parents are not currently cohabiting on a permanent or an indefinite basis; (B) one of the parents has been absent from the marital abode for more than one month without the spouse knowing his or her whereabouts; (C) one of the parents is deceased; (D) one of the parents joins in the petition with the grandparents, great-grandparents, or sibling; or (E) a sibling is in State custody. * * * (3) When one parent is deceased, the surviving parent shall not interfere with the visitation rights of the grandparents." 750 ILCS 5/607(b) (West 2000).”

   3 later decisions quote this exact passage · from the majority
   e.g. 213 Ill. 2d 105 - Johnson v. Duncan · 344 Ill. App. 3d 345 - In Re MMD

3. “"Section 607(b)(1) exposes the decision of a fit parent to the unfettered value judgment of a judge and the intrusive micromanaging of the state. Because we can conceive of no set of circumstances under which section 607(b)(1) of the Act would be valid, we hold that it is unconstitutional on its face. For the same reasons, we hold that section 607(b)(3) is facially unconstitutional." Wickham, 199 Ill.2d at 320-21 , 263 Ill.Dec. 799 , 769 N.E.2d 1 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 213 Ill. 2d 105 - Johnson v. Duncan · 213 Ill. 2d 105 - In Re MMD