Burke v. Schmidt’s Empirical Analysis
1971
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently May 2019
16 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 William Marbury v. James Madison · Barrett v. Duff · McChesney v. Sampson, Governor · 22 Wis. 2d 516 - State Ex Rel. Reynolds v. Smith · State Ex Rel. Todd v. Essling
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is sometimes claimed, as defendants here claim, that if the action of the Governor is deemed an 'appointment' the Governor may not withdraw it, but if it is a 'nomination' the Governor may withdraw it. We do not believe the nomenclature used ought to be that test, but rather whether the action of the executive is final and complete and places the appointee in office without further action.”
1 later decision quote this exact passage“If appointment by the governor had had the effect of placing [the appointee in office] and authorizing him to perform its functions, there could be no question but that the proposition that the governor had exhausted his power in making the appointment and could not withdraw it would apply.”
1 later decision quote this exact passagee.g. Cook v. Botelho
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.