McIntyre v. Wick’s Empirical Analysis
1996
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2019
9 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
Relies on Baker v. Carr · Powell v. McCormack · Thornburg v. Gingles · City of Rome v. United States · Nixon v. United States
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When the legislature assembles at the Capitol in January, any person may appear before either house and assert his rights and title to any seat therein in accord with the procedures prescribed by the legislature. If such a claim is asserted, whether or not the house will listen to it, what proof it will require, what investigation it will make and what decision it will finally come to concerning the claim are matters entirely and exclusively for that house to determine. If such a claim is presented and the house sees fit to investigate it, no one can doubt the power of that house to summon and interrogate witnesses, to order ballots and ballot boxes relating to the election to the contested seat brought in for examination and to open and examine the same or send a committee out for that purpose.”
1 later decision quote this exact passagee.g. Gray v. Gienapp“the [l]egislature is not in a position to provide any affirmative equitable remedy. The [l]egislature could reject the 'election' of a legislator which may put into operation certain provisions of the [state] [c]onstitution and statutes resulting in the [g]overnor calling a special election. But other affirmative equitable remedies would not be available.”
1 later decision quote this exact passagee.g. Feehan v. Marcone“[T]he final power of determination clearly lies with the applicable house of the legislature and we do not presume to invade it.... [T]his Court has no power under the constitution to make any final determination of the election as regards who will be seated. That power remains with the legislature under South Dakota Constitution Article III, § 9.”
1 later decision quote this exact passagee.g. Gray v. Gienapp
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.