Weisberg v. Powell’s Empirical Analysis
417 F.2d 388 · 1969
Citation profile
29 federal appellate · 5 state decisions
How this case has been cited
Cited by 54 later decisions — most recently June 2013 · most notably United States v. Falk (1973), Robert Briscoe v. Stanley T. Kusper, Jr. (1971)
29 federal appellate · 5 state decisions
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
Applies 28 U.S.C. § 2281 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Baker v. Carr · Yick Wo v. Hopkins · Commissioner of Internal Revenue v. Estate J Bosch Second National Bank of New Haven · Snowden v. Hughes · Cannon v. United States
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Mr. Powell testified: T gave preference to people that I knew, where there was a tie; and I had no communication from the regular Democratic Organization of Cook County. I did not have to have it.’ And: ‘After thirty years in the legislature and five years in the Secretary of State’s office, I think names are familiar to me, both Democrats and as Republicans, as to people that have been in State government and people active in their government. ’ We think there can be no real question but that Mr. Powell employed the device of the Sunday mail pickup to give top ballot position to people he preferred to have elected and that he saw to it that the people he wanted to prefer were informed that they should file by mail on Sunday.””
1 later decision quote this exact passage · from the majority“Defendants contend that plaintiff failed to prove that a candidate with first or second ballot position would enjoy a substantial advantage. This amounts to an argument that the device employed by the secretary was ineffective; that the discrimination was harmless. We think it was adequately established that top position on the ballot is one of a number of factors which tend to affect the outcome of an election, and which may have a substantial effect although the degree varies with the circumstances.”
1 later decision quote this exact passage · from the majority““The secretary’s office had made special arrangements with the Springfield post office for delivery of mail on Sunday, July 6. Petitions received in that mail were treated as if presented at 8:00 a.m. Monday. Where petitions for several candidates in one district were received on Sunday, the Secretary of State considered them tied for first filing, and decided the order of filing according to his own preference among those several candidates.””
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.