138 F. Supp. 2d 22 - Juffer v. Caldera’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he plaintiff asserts that the [agency] is not empowered to consider constitutional claims, that the exhaustion requirement is relaxed with respect to constitutional questions, and that exhaustion would be futile because the Secretary of the [agency] is biased. Although these theories have long been relevant in the field of administrative exhaustion, their import in this case is eviscerated by the fact that exhaustion in this case is mandated by statute. This legislative edict necessarily preempts these judicially created doctrines.”

   1 later decision quote this exact passage · from the majority
   e.g. Harkness v. Secretary of the Navy

2. “(g) Limitation of Other Jurisdiction. — No official or court of the United-States shall have power or jurisdiction— (1) over any claim based in any way on the failure of an officer ... to be selected for promotion by a selection board ... until— (A) the claim has been referred to a special selection board by the Secretary concerned and acted upon by that board; or (B) the claim has been rejected by the Secretary without consideration by a special selection board____”

   1 later decision quote this exact passage · from the majority
   e.g. Harkness v. United States