Homovich v. Chapman’s Empirical Analysis
191 F.2d 761 · 1951
Citation profile
33 federal appellate · 2 district ·
How this case has been cited
Cited by 50 later decisions (2 by the Supreme Court) — most recently September 1982 · most notably Tooahnippah v. Hickel (1970), Ferry v. Udall (1964)
33 federal appellate · 2 district ·
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 25 U.S.C. § 373 · 5 U.S.C. § 1009
Relies on McGrath v. Kristensen · Blanset v. Cardin · Air Line Dispatchers Ass'n v. National Mediation Board · Kristensen v. McGrath
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The Secretary argues that, because Section 1 of the 1910 Act, dealing with the determination of the heirs of an Indian who dies without a will, provides that his determination ‘shall be final and conclusive’ therefore Section 2 of that Act, dealing with wills, must be read as though it contained a similar provision, although in fact it does not. We think it plain that, if Congress had meant that the decisions in Section 2 should be final and conclusive, it would have said so; in the immediately preceding paragraph it had so provided when it meant to do so. The mere fact that the acts of the Secretary in providing regulations for the execution of these wills and in approving them, required the exercise of discretion and judgment on his part, does not preclude judicial review of his action. To be sure, if upon such review it appears that his action was within the scope of the authority conferred upon him, the court cannot disturb his decision. But that is a different rule from the rule of total non-reviewability. The Administrative Procedure Act (Section 10) forbids judicial review only where statutes ‘preclude’ such review or where agency action is ‘by law committed to agency discretion.’ No statute ‘precludes’ this review, and the Secretary would have us stretch the second prohibitory clause far beyond its meaning. * * * ””
2 later decisions quote this exact passage“almost every agency action `involves' an element of discretion or judgment”
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.