Kerner v. Flemming’s Empirical Analysis
283 F.2d 916 · 1960
Citation profile
141 federal appellate · 35 district · 3 state decisions
How this case has been cited
Cited by 305 later decisions (2 by the Supreme Court) — most recently April 2019 · most notably Director, Office of Workers' Compensation Programs v. Greenwich Collieries (1994), Gold v. Secretary of Health, Education & Welfare (1972)
141 federal appellate · 35 district · 3 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 168 F. Supp. 291 - Aaron v. Fleming · Flemming v. Booker · Teeter v. Flemming · Jacobson v. Folsom
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 305 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hat employment opportunities are there for a man who can do only what applicant can do? Mere theoretical ability to engage in substantial gainful activity is not enough if no reasonable opportunity for this is available”
28 later decisions quote this exact passage · from the majority““ * * * the term ‘disability’ means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration, or (B) blindness * *”
11 later decisions quote this exact passage · from the majority“* * * the Secretary's expertise should enable him readily to furnish information as to the employment opportunities (including those in sheltered workshops), or the lack of them, for persons of plaintiff's skills and limitations.”
8 later decisions 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.