Jackson v. Ogilvie’s Empirical Analysis

Citation profile

7 federal appellate · 1 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The issue at the heart of the instant case is whether the constitutional provision[, U.S. Const. art. I, § 2,] that when vacancies happen the Executive Authority of the state 'shall issue Writs of Election to fill such Vacancies' is mandatory. The language is mandatory according to the ordinary meaning of its terms. We find no persuasive reason for reading it in a directory sense. Indeed it serves to make clear that the people's right to chosen representation is not limited to exercise at a biennial election, but is a continuing right which is not to be defeated by death of a Representative once chosen, or other cause of vacancy. "In a debate in the House of Representatives in 1804 concerning the validity of a special election questioned on the ground of shortness of notice, Representative Findley stated in support of the prompt holding of the election (held five months before the expiration of the term) that, 'the Executive shall issue writs, is the language of command; it renders the issuing of the writs an indispensable duty.' "The Attorney General points out that Article I, § 4[, U.S. Const.,] provides: 'The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations....' Congress has provided in 2 U.S.C. § 8 that the time for holding an election for a Representative to fill a vacancy may be prescribed by the laws of the”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Op. of the Justices · 302 F. Supp. 3d 905 - Rhodes v. Snyder

2. “We think, therefore, that your excellency has power, under the provision above quoted, to issue a writ of election to fill the vacancy, and, having the power, we think it is for your excellency to decide whether, considering how soon the Forty-ninth congress will terminate, it is your duty to exercise it.”

   1 later decision quote this exact passage · from the majority
   e.g. American Civil Liberties Union of Ohio v. Taft

3. “he may prefer one day of the week over another, or cause the special election to coincide with or to avoid being held on the same day as another election.”

   1 later decision quote this exact passage · from the majority
   e.g. 302 F. Supp. 3d 905 - Rhodes v. Snyder