Taylor v. Gardner’s Empirical Analysis
1967
Citation profile
5 federal appellate ·
Relationships
Applies 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 414 (§ 214 of the Social Security Act of 1935) · 42 U.S.C. § 417 (§ 217 of the Social Security Act of 1935)
Relies on Taylor v. Taylor · 113 F. Supp. 143 - Taylor v. United States
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The argument of plaintiffs would establish a rule of law that would permit a widow or dependent child of a retired service man to enjoy indirectly during the post-retirement lifetime of a spouse or father, the higher benefits resulting from including in his retirement income base the period of time after September 16, 1940, in active military service and then following his death to permit relevant quarters of military or Naval coverage treated as though they had been excluded from his retirement pay base and included in his Social Security quarters of coverage. This `have their cake and eat it, too,' contention find no support in the statute or regulations.”
1 later decision quote this exact passagee.g. Taylor v. Gardner“* * * [I]n the opinion of the Court, it is entirely immaterial in the present context whether as of the time of his retirement a service man who has attained the period of service and meets the requirements for retirement under the law, possesses or lacks contractual or testamentary capacity. If his post-September, 1940, quarters of coverage are in fact included in calculating his retirement pay, it is only reasonable they cannot after his death be considered as quarters of coverage for Social Security purposes.”
1 later decision quote this exact passagee.g. Taylor v. Gardner“a benefit * * * which is based, in whole or in part, upon the active military or naval service of such veteran during World War II is determined by any agency * * * of the United States (other than the Veterans' Administration) to be payable by it under any other law of the United States * * *”
1 later decision quote this exact passagee.g. Taylor v. Gardner
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.