Nelson v. Peckham’s Empirical Analysis

Citation profile

3 federal appellate ·

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

1. ““A physician or dentist held to service under the [Doctors Draft Law] shall be granted a rank or' grade ‘commensurate with his professional education, experience, or ability’, and * * * this must be construed as a condition of the right to hold him to service. While the courts cannot direct or control the granting of rank or grade, they can direct that a physician or dentist be released from service when this condition of the law is not complied with. Because of appellant’s Communist affiliations, the officials of the Army were acting within the proper scope of their authority in refusing to grant him a commission carrying the rank and grade of an officer; but they could not deny him this rank and grade and at the same time hold him to service under the statute as we think it must be interpreted. If not fit to be an officer, he should be held not fit for the services for which he has been drafted and should be dismissed.””

   1 later decision quote this exact passage
   e.g. Peck v. Carpenter

2. ““Notwithstanding subsection 217 (c) of the Armed Forces Reserve Act of 1952 ( 66 Stat. 481 ) or any other provision of law, any person liable for induction under the Act of September 9, 1950, as amended, or any member of a reserve component . who has been or shall be ordered to active duty on or before July 1, 1955, as a physician, dentist, or in an allied specialist category in the Armed Forces (including the Public 'Health Service) of the United States shall, under regulations prescribed by the President, be appointed, reappointed, or promoted to such grade or rank as may be commensurate with his professional education, experience, or ability.” Public Law 84, 83rd Congress, § 3, 50 U.S.C.A. Appendix, § 454a.”

   1 later decision quote this exact passage
   e.g. Peck v. Carpenter