Public-domain · open source
OpenJurist
← 18 F.2d 168 - Mellon v. Brewer

Mellon v. Brewer’s Empirical Analysis

18 F.2d 168 · 1927

Citation profile

73
cited by 73 later decisions
4
cited 4 times by the Supreme Court
9
states following
August 1982
most recently cited

43 federal appellate · 4 district · 15 state decisions

How this case has been cited

Cited by 73 later decisions (4 by the Supreme Court) — most recently August 1982 · most notably Barr v. Matteo (1959), Gregoire v. Biddle (1949)

43 federal appellate · 4 district · 15 state decisions

2201927193019401950196019701980decided

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 Spalding v. Vilas · The York and Maryland Line Railroad Company v. Ross Winans · De Arnaud v. Ainsworth · 2 App. D.C. 290 - Backus Portable Steam Heater Co. v. Simonds

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

  1. “We are of opinion that the same general considerations of public policy and convenience which demand for judges of courts of superior jurisdiction immunity from civil suits for damages arising from acts done by them in the course of the performance of their judicial functions, apply to a large extent to official communications made by heads of Executive Departments when engaged in the discharge of duties imposed upon them by law. The interests of the people require that due protection be accorded to them in respect of their official acts. As in the case of a judicial officer, we recognize a distinction between action taken by the head of a Department in reference to matters which are manifestly or palpably beyond his authority, and actions having [a legitimate or proper] connection with the general matters committed by law to his control or supervision. . . . In exercising the functions of his office, the head of an Executive Department, keeping within the limits of his authority, should not be under an apprehension that the motives that control his official conduct may, at any time, become the subject of inquiry in a civil suit for damages. It would seriously cripple the proper and effective administration of public affairs as entrusted to the executive branch of the government, if he were subjected to any such restraint.”
    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.