United States v. Clark’s Empirical Analysis

Citation profile

17 federal appellate · 4 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “it is hard to see how the peremptory challenge ... will survive. Whenever counsel alleged that his opponent had a racial or similar type of motivation in exercising a peremptory challenge (whether he used that challenge to exclude a white or a black — and it would have to be one or the other — or, extending the principle as one could hardly resist doing, a man or a woman, a Jew or a gentile, etc.) the opponent would have to come forward with a reason for wanting to exclude the juror. In other words he would have to provide good cause, or something very close to it; and the peremptory challenge would collapse into the challenge for cause.”

   1 later decision quote this exact passage · from the majority
   e.g. McCray v. Abrams

2. “[t]he Supreme Court held some years ago that it is not a denial of the equal protection of the laws for a prosecutor to base peremptory challenges on racial grounds, provided that he is not doing so in pursuance of a systematic policy of racial exclusion from juries,”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Leslie

3. “[t]he potential for stretching out criminal trials that are already too long, by making the voir dire a Title VII proceeding in miniature.”

   1 later decision quote this exact passage · from the majority
   e.g. Batson v. Kentucky