Real Silk Hosiery Mills v. City of Portland’s Empirical Analysis
268 U.S. 325 · 1925
Citation profile
25 federal appellate · 27 district · 107 state decisions
How this case has been cited
Cited by 240 later decisions (37 by the Supreme Court) — most recently June 2019 · most notably Breard v. City of Alexandria La (1951), Freeman v. Hewit (1946)
25 federal appellate · 27 district · 107 state decisions — followed in 26 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.
Appellate journey
reviewedthe decision below (from Ninth Circuit Court of Appeals)
Relationships
Relies on Yick Wo v. Hopkins · Gibbons v. Ogden · Mugler v. State of Kansas State of Kansas Tufts · Flint v. Stone Tracy Co. · 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 240 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The negotiation of sales of goods which are in another state, for the purpose of introducing them into the state in which the negotiation is made, is interstate commerce.’ Manifestly, no-license fee could have been required of appel lant’s solicitors if they had travelled at its expense and received their compensation by direct remittances from it. And we are unable to see that the burden on interstate commerce is different or less because they are paid through retention of advance partial payments made under definite contracts negotiated by them. Nor can we accept the theory that an expressed purpose to prevent possible frauds is enough to justify legislation which really interferes with the free flow of legitimate interstate commerce.””
2 later decisions quote this exact passage · from the majority““The negotiation of the sale of goods which are in another .state for the purpose of introducing them into the state in which the negotiation is made is interstate commerce.” Real Silk Hosiery Mills v. City of Portland, 268 U.S. 326, 45 S.Ct. 525 , 69 L.Ed. 982 .”
1 later decision quote this exact passage · from the majority“Considering former opinions of this Court we cannot doubt that the ordinance materially burdens interstate commerce and conflicts with the commerce clause. * * *”
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.