Butler v. Perry’s Empirical Analysis
240 U.S. 328 · 1916
Citation profile
74 federal appellate · 40 district · 60 state decisions
How this case has been cited
Cited by 268 later decisions (14 by the Supreme Court) — most recently April 2025 · most notably Poe v. Ullman (1961), Heart of Atlanta Motel, Inc. v. United States (1965)
74 federal appellate · 40 district · 60 state decisions — followed in 17 states
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 Mugler v. State of Kansas State of Kansas Tufts · Plessy v. Ferguson · Slaughter-House Cases the Butchers' Benevolent Association of New Orleans v. The Crescent City Live · Henning Jacobson v. Commonwealth of Massachusetts · Barbier v. Connolly
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 268 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.”
19 later decisions quote this exact passage · from the majority“"`That all male persons of the age of twenty-one years, and not exceeding fifty, who have resided thirty days in any township of any county within this territory, who are not a township charge, shall over and above the rate of assessment hereinafter mentioned, be liable, yearly and every year, to do and perform two days work on the public roads, under the direction of the supervisor within whose limits they shall be respectively residents.' (Sec. 10, Chapter 28 of Northwest Territory Acts, 1799)." (Quoted in Butler v. Perry, 240 U.S. 328, 332 , 36 S.Ct. 258, 259 , 60 L.Ed. 672 (1916)).”
1 later decision quote this exact passage · from the majoritye.g. Emery v. State“In view of ancient usage and unanimity of judicial opinion, it must be taken as settled that, unless restrained by some constitutional limitation, a state has inherent power to require every able-bodied man within its jurisdiction to labor for a reasonable time on public roads near his residence without direct compensation. This is a part of the duty which he owes to the public. (Emphasis added.) 240 U.S. at 330 , 36 S.Ct. at 258 .)”
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.