Duke v. Cleland’s Empirical Analysis
5 F.3d 1399 · 1993
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 107 later decisions — most recently December 2018 · most notably McKusick v. City of Melbourne (1996), Davis v. Monroe County Board of Education (1996)
16 federal appellate ·
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 Scheuer v. Rhodes · Parratt v. Taylor · Daniels v. Williams · Sherbert v. Verner · Anderson v. Celebrezze
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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a court considering a challenge to a state election law must weigh “the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate” against “the precise interest put forward by the state as justifications for the burden imposed by its rule,” taking into consideration “the extent to which those interests make it necessary to burden the plaintiffs right.””
1 later decision quote this exact passage · from the majoritye.g. Duke v. Massey“the statute represents a scheme whereby the state confers largely upon itself the raw power to choose who may or may not be party primary candidates. Two-thirds of the committee’s voting members are elected officials representing their respective party. No guidelines limit their power. The committee may exclude nationally recognized candidates for any reason or no reason at all.”
1 later decision quote this exact passage · from the majoritye.g. Duke v. Massey“each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot.”
1 later decision quote this exact passage · from the majoritye.g. Duke v. Cleland
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.