Machado v. McGrath’s Empirical Analysis

Citation profile

29 federal appellate · 2 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`opportunity to make an intelligent election' between being subject to the draft on the one hand, and being exempt but losing the right to become a citizen on the other.”

   2 later decisions quote this exact passage · from the majority
   e.g. R-E · Giz v. Brownell

2. ““In his brief, appellant does not argue that his request for withdrawal of DSS Form 301 should operate to cancel the disability he incurred by filing it. Nor does the complaint allege that Machado followed the correct procedure in requesting withdrawal of the form. Local Board Memorandum No. 112, in effect throughout the period involved herein, provided that requests for induction by aliens who had filed DSS Form 301 should be made in an Application for Voluntary Induction (Form 165). Draft boards were in strueted not to surrender DSS Form 301. They were advised that the effect to be given Form 301 when followed by Form 165 was a matter to be determined by the courts. A notation to this effect was to be typed on the face of each Form 165 prior to the applicant’s signature. Local Board Memo No. 112, as amended Dec. 20, 1943, Part V, pg. 3.””

   1 later decision quote this exact passage · from the majority
   e.g. In re for Naturalization of Velasquez

3. ““Appellant argues, however, that regulations which, in his case, make a mere temporary visitor of four months a resident cannot be valid. We disagree. The regulations do not • arbitrarily state that anyone who remains here longer than three months shall be deemed a resident regardless of the purpose, duration or circumstances of his presence. They merely require that one who comes to this country in time of war must act within three months to have his status as a resident determined. If the required application is filed, the alien will have his case judged by the applicable administrative and judicial standards.” Machado v. McGrath, 1951, 90 U.S. App.D.C. 70 , 193 F.2d 706 , 708. certiorari denied 342 U.S. 948 , 72 S.Ct. 557 , 96 L.Ed. 705 .”

   1 later decision quote this exact passage · from the majority
   e.g. Savoretti v. Small