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← 342 F.2d 336 - Rachel v. Georgia

Rachel v. Georgia’s Empirical Analysis

342 F.2d 336 · 1965

Citation profile

97
cited by 97 later decisions
1
cited 1 times by the Supreme Court
1
states following
December 2021
most recently cited

68 federal appellate · 1 district · 1 state decisions

How this case has been cited

Cited by 97 later decisions (1 by the Supreme Court) — most recently December 2021 · most notably Georgia v. Rachel (1966), Northern Illinois Gas Company v. Airco Industrial Gases a Division of Airco Inc (1982)

68 federal appellate · 1 district · 1 state decisions

7501965197019801990200020102020decided

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

Relationships

Applies 18 U.S.C. § 3771 · 28 U.S.C. § 1443 · 28 U.S.C. § 1446 · 28 U.S.C. § 1447

Relies on Bouie v. City of Columbia · Heart of Atlanta Motel, Inc. v. United States · Strauder v. West Virginia · Katzenbach v. McClung · Virginia v. Rives

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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending: “(1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; “(2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.””
    5 later decisions quote this exact passage · from the majority
  2. “Congress, while carving out rights and immunities in the area of civil rights, has provided a jurisdictional basis for efficiently and appropriately protecting those rights and immunities in a federal forum. The provision of this protective forum is not limited by the States' obligation, under the Supremacy Clause, to protect federally guaranteed civil rights as zealously as would a federal court. That there is such an obligation on State tribunals is true, and vital, but it is irrelevant here. Theoretically, there is no need for any federal jurisdiction at all — except that of the Supreme Court — because State courts are required to protect federally created rights. Nevertheless, the power of Congress to provide a federal forum also to protect such rights is undoubted. Such power was exercised in enacting § 1443(1).”
    1 later decision quote this exact passage · from the majority
  3. “It is no answer in these circumstances that the defendants might eventually prevail in the state court. The burden of having to defend the prosecutions is itself the denial of a right explicitly conferred by the Civil Rights Act of 1964 * * * for the denial in the courts of the State * * * clearly appears without any detailed analysis of the likely behavior of any particular state court.”
    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.