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← 717 F.2d 1491 - Dart v. Brown

Dart v. Brown’s Empirical Analysis

717 F.2d 1491 · 1983

Citation profile

46
cited by 46 later decisions
1
states following
April 2020
most recently cited

27 federal appellate · 4 district · 1 state decisions

How this case has been cited

Cited by 46 later decisions — most recently April 2020 · most notably Rainbow Coalition of Oklahoma v. Oklahoma State Election Board (1988), 40 Cal. 3d 703 - Canaan v. Abdelnour (1985)

27 federal appellate · 4 district · 1 state decisions

23019831990200020102020decided

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 Broadrick v. Oklahoma · Williams v. Rhodes · Anderson v. Celebrezze · Storer v. Brown · Bullock v. Carter

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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Because [defendant] failed ... to file a cross-appeal on this issue, we are not at liberty to consider it. Champagne v. Chevron, U.S.A., Inc., 605 F.2d 934 , 936 (5th Cir.1979).”
    2 later decisions quote this exact passage · from the majority
  2. “[I]f candidate political party affiliation is to be designated on the ballot, the potential exists for voter confusion or deception unless there are some restrictions on what constitutes a political party ... For the state's ballot to represent that a candidate is affiliated with a particular political party, when in fact there is no such party in the commonly understood sense of the word, has the obvious potential for causing voter deception and confusion. ... [J]ust as an unrestricted proliferation of candidate names on the ballot may engender confusion or deception, so may an unrestricted proliferation of party names. And, requiring some preliminary showing of a significant modicum of support for a party before a candidate's affiliation with it is designated on the ballot is necessary to further the state's strong and legitimate interest in minimizing ballot confusion and deception ...”
    1 later decision quote this exact passage · from the majority
  3. “[A court] must first consider the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate. It then must identify and evaluate the precise interests put forward by the State as justifications for the burden imposed by its rule. In passing judgment, the Court must not only determine the legitimacy and strength of each of those interests, it also must consider the extent to which those interests make it necessary to burden the plaintiffs rights. Only after weighing all these factors is the reviewing court in a position to decide whether the challenged provision is unconstitutional.”
    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.