Made in the USA Foundation v. United States’s Empirical Analysis
242 F.3d 1300 · 2001
Citation profile
17 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 47 later decisions — most recently September 2023 · most notably Carmichael v. Kellogg, Brown & Root Services, Inc. (2009), Alperin v. Vatican Bank (2005)
17 federal appellate · 2 district · 1 state decisions
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 Conley v. Gibson · Lujan v. Defenders of Wildlife · Warth v. Seldin · Baker v. Carr · Buckley v. Valeo
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[1] a textually demonstrable constitutional commitment of the issue to a coordinate political department; [2] a lack of judicially discoverable and manageable standards for resolving it; [3] the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; !4] the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; !5] an unusual need for unquestioning adherence to a political decision already made; or [6] the potentiality of embarrassment from multifarious pronouncements by various departments on one question.”
3 later decisions quote this exact passage · from the majority“make Treaties, provided two thirds of the Senators present concur.”
3 later decisions quote this exact passage · from the majority“‘foreign commitments’ cannot relieve the government of the obligation to ‘operate within the bounds laid down by the Constitution,’ and that ‘the prohibitions of the Constitution ... cannot be nullified by the Executive or by the Executive and Senate combined.’ Reid v. Covert, 354 U.S. 1 , 14, 17, 77 S.Ct. 1222 , 1 L.Ed.2d 1148 (1957). We therefore have little doubt that courts have the authority — indeed, the duty — to invalidate international agreements which violate the express terms of the Constitution.”
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.