Carey v. Wolnitzek’s Empirical Analysis

Citation profile

17 federal appellate · 1 district · 13 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “favors some candidates over others-incumbent judges (who benefit from their current status) over non-judicial candidates, the well-to-do (who may not need to raise any money at all) over lower-income candidates, and the well-connected (who have an army of potential fundraisers) over outsiders.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Wersal v. Sexton · Wolfson v. Concannon

2. “If concern over judicial partisanship and the influence of political parties on judging truly underlies the [party affiliation] clause, the authorization to belong (secretly) to a political party amounts to a gaping omission. A party’s undisclosed potential influence on candidates is far worse than its disclosed influence, as the one allows a full airing of the issue before the voters while the other helps to shield it from public view.”

   1 later decision quote this exact passage · from the majority
   e.g. 24 F. Supp. 3d 680 - Ohio Council 8 American Federation of State v. Brunner

3. “censor speech based on content in the most basic of ways: They prevent candidates from speaking about some subjects [who they endorse or on whose behalf they can speak if that person is running for office or if the entity is a political party] ...; and they prevent candidates from asking for support in some ways (campaign funds) but not in others (a vote, yard signs).”

   1 later decision quote this exact passage · from the majority
   e.g. Wolfson v. Concannon