Eubanks v. Wilkinson’s Empirical Analysis
937 F.2d 1118 · 1991
Citation profile
25 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 48 later decisions — most recently September 2016 · most notably 11 Cal. 4th 607 - Kopp v. Fair Political Practices Commission (1995), Triplett Grille, Inc. v. City of Akron (1994)
25 federal appellate · 3 district · 2 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 Roe v. Wade · Shapiro v. Thompson · William Marbury v. James Madison · Crowell v. Benson · Freedman v. Maryland
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he general federal rule is that courts do not rewrite statutes to create constitutionality.”
2 later decisions quote this exact passage“Courts construe statutes to avoid constitutional difficulty when 'fairly possible.' ") Here, not only is it fairly possible to avoid a constitutional question, but there is absolutely no reason to embrace the constitutional question, as the takings theory of Section 5 of the MWA does. Therefore, the court cannot interpret Section 5 of the MWA in such a fashion. This theory must be rejected. 125 Second, to support his takings interpretation of the "valid existing rights”
1 later decision quote this exact passage“[i]t would seem anomalous in severing Kentucky statutes for a federal court to act more intrusively than would the highest court of the Commonwealth when considering whether to modify a state statute after a finding of unconstitutionality.”
1 later decision quote this exact passage
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.