Wilder v. Bernstein’s Empirical Analysis
848 F.2d 1338 · 1988
Citation profile
7 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 45 later decisions — most recently November 2012 · most notably Equal Employment Opportunity Commission v. Townley Engineering & Manufacturing Co. (1988), 929 F. Supp. 662 - Marisol A. by Next Friend Forbes v. Giuliani (1996)
7 federal appellate · 2 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
Applies 28 U.S.C. § 2281 · 42 U.S.C. § 2000D
Relies on Lemon v. Kurtzman · Sherbert v. Verner · Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary Same · West Virginia State Board of Education v. Barnette · Cruz v. Beto
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is one thing to recognize the right of parents to choose a religious school for their children as a private alternative to meeting state-imposed educational requirements in public schools. It is quite another matter, however, to suggest that parents who are unable to fulfill their parental obligations, thereby obliging the state to act in their stead, at their request or involuntarily, nonetheless retain a constitutional right to insist that their children receive state-sponsored parenting under the religious auspices preferred by the parents. So long as the state makes reasonable efforts to assure that the religious needs of the children are met during the interval in which the state assumes parental responsibilities, the free exercise rights of the parents and their children are adequately observed.”
4 later decisions quote this exact passage · from the concurrencee.g. Whalen v. Allers · BK v. Toumpas“receive services without discrimination on the basis of race or religion and to have equal access to quality services and to ensure that appropriate recognition be given to a statutorily permissible wish for in-religion placement in a manner consistent with principles ensuring equal protection and non-discrimination as defined in applicable New York State and federal laws, regulations and the Constitution.”
1 later decision quote this exact passage · from the concurrence“[i]n pursuance of a long tradition, [New York City] has elected to rely heavily on private agencies [to provide foster care services to abused or neglected children.] ... Most of [these private agencies] are religiously affiliated. These agencies place the child either with a foster family or in an institution run by the agency, depending on the child’s needs.”
1 later decision quote this exact passage · from the majoritye.g. Phelan v. Torres
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.