Avery v. Jennings’s Empirical Analysis
786 F.2d 233 · 1986
Citation profile
32 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 41 later decisions — most recently March 2016 · most notably Bennis v. Gable (1987), McCloud v. Testa (1996)
32 federal appellate · 3 district · 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
Relies on Elrod v. Burns · Bishop v. Wood · Marks v. United States · Branti v. Finkel · Prince v. Commonwealth of Massachusetts
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We hold that although the first amendment prohibits official hiring policies based solely on political affiliation, it does not constitutionalize civil service standards or establish a hard and fast employment rule against weighing politi cal factors. Neither Congress, a state legislature, nor a local administrator may “enact a regulation” against hiring members of a particular political party, ..., or exacting a loyalty oath, ..., but elected officials may weigh political factors such as party allegiance along with other factors in making subjective hiring judgments.”
2 later decisions quote this exact passage · from the majority“all things being equal I prefer to have a Republican working for me because I assume that he will be more interested in taking part in helping me get re-elected.”
2 later decisions quote this exact passage · from the majority“it just works better when people have the same philosophy.”
2 later decisions 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.