Public-domain · open source
OpenJurist
← 746 F.2d 656 - Populist Party v. Herschler

Populist Party v. Herschler’s Empirical Analysis

746 F.2d 656 · 1984

Citation profile

36
cited by 36 later decisions
3
states following
November 2024
most recently cited

12 federal appellate · 3 district · 3 state decisions

How this case has been cited

Cited by 36 later decisions — most recently November 2024 · most notably Yu Kikumura v. Hurley (2001), Rainbow Coalition of Oklahoma v. Oklahoma State Election Board (1988)

12 federal appellate · 3 district · 3 state decisions

10019841990200020102020decided

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 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Williams v. Rhodes · Anderson v. Celebrezze · Bullock v. Carter · Jenness v. Fortson · Clements v. Fashing

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

  1. “prevents a new party from seeking support at a time when such support is most likely to crystallize--after the established parties have put forth their candidates and platforms.”
    2 later decisions quote this exact passage · from the majority
  2. “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 plaintiff's 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
  3. “must ordinarily be made in the first instance in the district court.”
    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.