Vest v. Schafer’s Empirical Analysis
1988
Citation profile
1 district · 10 state decisions
How this case has been cited
Cited by 11 later decisions — most recently July 2005
1 district · 10 state decisions
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. § 1341 · 28 U.S.C. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Monell v. Department of Social Services of City of New York · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Younger v. Harris · Mt. Healthy City School District Board of Education v. Doyle · Edelman v. Jordan
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For a court to hold a state liable for unconstitutional legislation would introduce a profound conservative tilt into the lawmaking process. Legislators would become reluctant to legislate, knowing that money damages were at stake if a court ultimately disagrees with their own appraisal of the constitutionality of a bill.”
1 later decision quote this exact passage · from the dissent“When a court finds a statute unconstitutional, the traditional remedy is declaratory or injunctive relief. Professor Davis stated: “Neither the United States nor any state has ever been liable for damages because its legislative body has enacted legislation that is later held unconstitutional.””
1 later decision quote this exact passage · from the dissente.g. Robison v. Francis“We hold that a Bivens-type action, brought in state court against the state, cannot be allowed to stand when it is grounded on a claim that the legislature enacted a law later found to violate the equal protection clause of the Fourteenth Amendment of the Constitution.”
1 later decision quote this exact passage · from the dissente.g. Robison v. Francis
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.