Morehead v. People of State of New York Tipaldo’s Empirical Analysis

Citation profile

29 federal appellate · 6 district · 71 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 204 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[F]reedom of contract is a qualified, and not an absolute, right. There is no absolute freedom to do as one wills or to contract as one chooses. The guaranty of liberty does not withdraw from legislative supervision that wide department of activity which consists of the making of contracts, or deny to government the power to provide restrictive safeguards. Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.” (Emphasis supplied.)”

   4 later decisions quote this exact passage · from the dissent
   e.g. Johnson Bonding Co., Inc. v. Com. of Ky. · Duncan v. City of Des Moines

2. “These legislative declarations, in form of findings or recitals of fact, serve well to illustrate why any measure that deprives employers and adult women of freedom to agree upon wages, leaving employers and men employees free so to do, is necessarily arbitrary. Much, if not all, that in them is said in justification of the regulations that the Act imposes in respect of women’s wages applies with equal force in support of the same regulation of men’s wages. While men are left free to fix their wages by agreement with employers, it would be fanciful to suppose that the regulation of women’s wages would be useful to prevent or lessen the evils listed in the first section of the Act. Men in need of work are as likely as women to accept the low wages offered by unscrupulous employers. Men in greater number than women support themselves and dependents and because of need will work for whatever wages they can get and that without regard to the value of the service and even though the pay is less than minima prescribed in accordance with this Act. It is plain that, under circumstances such as those portrayed in the ''Factual background’ prescribing of minimum wages for women alone would unreasonably restrain them in competition with men and tend arbitrarily to deprive them of employment and a fair chance to find work.”

   1 later decision quote this exact passage · from the majority
   e.g. West Coast Hotel Co. v. Parrish

3. ““* * * The construction by the Supreme Court of Indiana * * *, as applied to the property rights of plaintiffs * * * by the wrongful holdings * * * of that court * * *, is violative of the Due Process clause of the 14th amendment of the Constitution of the United States in the following: ***** “In that Chapter 174 of the Acts of 1947 of the General Assembly of the State of Indiana, * * * was and is unconstitutional, as construed and applied by the Supreme Court of Indiana in its holdings * * * ***** “The wrongful denial of due process of law under the 14th amendment to the Constitution of the United States "by the holdings * * * of the Supreme Court of Indiana * * * presents a substantial question arising under the 14th amendment * * *. ***** “Wherefore, plaintiffs, * * * pray: (1) That Chapter 174 of the Acts of 1947 of the General Assembly of the State of Indiana, * * *, be held unconstitutional and void as construed and applied by the Supreme Court of Indiana * * *»”

   1 later decision quote this exact passage · from the majority
   e.g. Patterson v. Hardin