Carter v. Gallagher’s Empirical Analysis

Citation profile

4 federal appellate · 3 district · 2 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is no question that the fundamental right to interstate travel is involved in the instant case. It is no more open to question, in the opinion of this Court, that a statute which requires a person who has recently traveled interstate to wait five years to obtain employment preference granted immediately to an otherwise equally qualified person who did not so travel imposes a penalty operative solely upon the exercise of that right. Under such circumstances the defendants must demonstrate that there is some compelling State interest which justifies the distinction. Oregon v. Mitchell, 400 U.S. at 238, 91 S.Ct. 260 , 27 L.Ed.2d 272 , 337 F.Supp. at 632 .”

   1 later decision quote this exact passage · from the majority
   e.g. 369 F. Supp. 1327 - Barnes v. Board of Trustees, Michigan Veterans Trust Fund

2. “The Authority counters that, because of the lengthy waiting lists involved, there is no deterrence to travel effected by the five-year residency requirement. Without passing on this contention, we do find that the residency requirement penalizes respondents by adding an additional period of as much as five years to the time they must wait for public housing and that this penalty is imposed solely because they have recently exercised their right to travel, (footnote omitted)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Wylie

3. “the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one.”

   1 later decision quote this exact passage · from the majority
   e.g. Koelfgen v. Jackson