Welch v. McKenzie’s Empirical Analysis
765 F.2d 1311 · 1985
Citation profile
14 federal appellate · 1 state decisions
How this case has been cited
Cited by 30 later decisions — most recently January 2018 · most notably Curry v. Baker (1986), Noble v. White (1993)
14 federal appellate · 1 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. § 1344 · 42 U.S.C. § 1973 (§ 2 of the Voting Rights Act of 1965) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. City of Bessemer City · Sullivan v. United States · Rogers v. Lodge · Yumich v. City of Chicago · Griffin v. Burns
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if the election process itself reaches the point of patent and fundamental unfairness, a violation of the due process clause may be indicated and relief under Sec. 1983 therefore in order. Such a situation must go well beyond the ordinary dispute over the counting and marking of ballots.”
3 later decisions quote this exact passage · from the majority“'ordinary dispute over the counting and marking of ballots,' involving complaints about missing signatures, ballots that should have been mailed rather than hand delivered ... are not actionable in federal courts because of our system's recognition that states are primarily responsible for regulating their own elections”
1 later decision quote this exact passage · from the majoritye.g. Noble v. White“if the election process itself reaches the point of patent and fundamental unfairness.... Such a situation must go well beyond the ordinary dispute over the counting and marking of ballots.”
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.