Winsness v. Yocom’s Empirical Analysis
433 F.3d 727 · 2006
Citation profile
14 federal appellate · 9 district · 2 state decisions
How this case has been cited
Cited by 42 later decisions — most recently November 2024 · most notably Bronson v. Swensen (2007), Initiative & Referendum Institute v. Walker (2006)
14 federal appellate · 9 district · 2 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Lujan v. Defenders of Wildlife · Warth v. Seldin · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc · City of Los Angeles v. Lyons · O'Shea v. Littleton
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he mere presence on the statute books of an unconstitutional statute, in the absence of enforcement or credible threat of enforcement, does not entitle anyone to sue.”
3 later decisions quote this exact passage · from the majority“[A]ssurances from prosecutors that they do not intend to bring charges are sufficient to defeat standing, even when the individual plaintiff had actually been charged or directly threatened with prosecution for the same conduct in the past.”
2 later decisions quote this exact passage · from the majoritye.g. Seals v. McBee · Mink v. Suthers“an objectively justified fear of real consequences, which can be satisfied by showing a credible threat of prosecution or other consequences following from the statute's enforcement.”
2 later decisions quote this exact passage · from the majoritye.g. Brown v. Buhman · Mink v. Suthers
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.