Freeman v. Hewit’s Empirical Analysis
329 U.S. 249 · 1946
Citation profile
83 federal appellate · 36 district · 419 state decisions
How this case has been cited
Cited by 701 later decisions (101 by the Supreme Court) — most recently September 2023 · most notably Anderson v. Liberty Lobby, Inc. (1986), Hunt v. Washington State Apple Advertising Commission (1977)
83 federal appellate · 36 district · 419 state decisions — followed in 38 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 Ford Motor Co. v. Department of Treasury · Gibbons v. Ogden · Simpson v. Shepard · Southern Pac Co v. State of Arizona Sullivan · SC Hwy. Dept. v. Barnwell Bros.
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 701 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a fair share of the cost of the local government.”
35 later decisions quote this exact passage · from the majority“# “The power of the States to tax and the limitations upon that power imposed by the Commerce Clause have necessitated a long, continuous process of judicial adjustment. The need for such adjustment is inherent in a Federal Government like ours, where the same transaction has aspects that may concern the interests and involve the authority of both the central government and the constituent States. “The history of this problem is spread over hundreds of volumes of our Reports. To attempt to harmonize all that has been said in the past would neither clarify what has gone before nor guide the future. Suffice it to say that especially in this field opinions must be read in the setting of the particular cases and as the product of preoccupation with their special facts.” Freeman v. Hewit (1946), 329 U. S. 249 , 67 S. Ct. 274 , 91 L. Ed. 265 .”
10 later decisions quote this exact passage · from the majority“The immunities implicit in the Commerce Clause and the potential taxing power of a State can hardly be made to depend, in the world of practical affairs, on the shifting incidence of the varying tax laws of the various States at a particular moment.”
9 later decisions 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.