Lynch v. Hershey’s Empirical Analysis
208 F.2d 523 · 1953
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 13 later decisions (1 by the Supreme Court) — most recently February 2023
8 federal appellate ·
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 105 F. Supp. 139 - Ex Parte Fabiani
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is said that Ex parte Fabiani, D.C.E.D.Pa.1952, 105 F.Supp. 139 , is authority to the contrary in that a registrant, by petitioning for habeas corpus, may escape the choice between entering military service as ordered (with the possibility of ha-beas corpus later) and defending in a criminal proceeding for refusal to' submit to induction. Insofar as the Fabiani case may be so interpreted, it does not, in our view, correctly state the law. * * * ””
1 later decision quote this exact passage · from the majority“If habeas corpus were an applicable remedy here the writ would of necessity have to be made available to every person who anticipates prosecution for violation of law. That has never been the function and purpose of habeas corpus and we deem it unwise to dilute the potency of the great writ by sanctioning its use in circumstances not related to actual confinement.”
1 later decision quote this exact passage · from the majority
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.