Burdick v. Takushi’s Empirical Analysis
846 F.2d 587 · 1988
Citation profile
10 federal appellate · 8 district ·
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently December 2010
10 federal appellate · 8 district ·
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 Railroad Commission v. Pullman Co. · Hawaii Housing Authority v. Midkiff · Harman v. Forssenius · Ohio Bureau of Employment Services v. Hodory · Mr. And Mrs. Ardmore Canton v. Spokane School District 81, a Public Corporation
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the proper resolution of the state law question at issue must be uncertain. Second, a definitive ruling on the state issue must potentially obviate the need for constitutional adjudication by the federal court. Third, the complaint must touch upon “a sensitive area of social policy upon which the federal courts ought not to enter unless no alternative to its adjudication is open.””
4 later decisions quote this exact passage · from the majority“[A] definitive resolution of the unsettled question whether Hawaii's election laws actually prohibit write-in voting might obviate the need for a federal court to decide the federal constitutional question....”
2 later decisions quote this exact passage · from the majority“neither the plain language of Hawaii statutes nor any definitive judicial interpretation of those statutes establishes that the Hawaii legislature has enacted a ban on write-in voting.”
1 later decision quote this exact passage · from the majoritye.g. Burdick v. Takushi
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.