United States v. Mohammed’s Empirical Analysis

Citation profile

28 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The local board may reopen and consider anew the classification of a registrant (a) upon the written request of the registrant * * * if such request is accompanied by written information presenting facts not considered when the registrant was classified, which, if true, would justify a change in the registrant’s classification * * * provided * * * the classification of a registrant shall not be reopened after the local board has mailed to such registrant an Order to Report for Induction (SSS Form 252) * * * unless the local board first specifically finds there has been a change in the registrant’s status resulting from circumstances over which the registrant had no control.” 32 C.F.R. § 1625.2 . (Emphasis added.) “When a registrant * * * files with the local board a written request to reopen and consider anew the registrant’s classification and the local board is of the opinion that the information accompanying such request fails to present any facts in addition to those considered when the registrant was classified or, even if new facts are presented, the local board is of the opinion that such facts, if true, would not justify a change in such registrant’s classification, it shall not reopen the registrant’s classification. In such a case, the local board, by letter, shall advise the person filing the request that the information submitted does not warrant the reopening of the registrant’s classification and shall place a copy of the letter in the registrant’s file. No oth”

   1 later decision quote this exact passage · from the majority
   e.g. Shook v. Allen

2. ““Freedom to believe and adopt one’s chosen form of religion is an absolute right, but freedom of action in following one’s concept of religion is ‘subject to regulation for the protection of society’. Cantwell v. [State of] Connecticut, 310 U.S. 296, 303-304 , 60 S.Ct. 900, 903 , 84 L.Ed. 1213 . There is here no interference with defendant’s right to adopt and believe the religion of his choice. To the extent that his freedom of desired action in the practice of his religious faith is curtailed, that curtailment is a permissible result of the selective service laws adopted and enforced for the protection of the nation. Warren v. United States, 10 Cir., 177 F.2d 596, 598-600 , certiorari denied 338 U.S. 947 , 70 S.Ct. 485 , 94 L.Ed. 584 .””

   1 later decision quote this exact passage · from the majority
   e.g. Mohammad v. Sommers

3. ““No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution instituted under section 12 of this title, after the registrant has responded either affirmatively or negatively to an order to report for induction, or for civilian^ work in the case of a registrant determined to be opposed to participation in war in any form: Provided, That such review shall go to the question of the jurisdiction herein reserved to local boards, appeal boards, and the President only when there is no basis in fact for the classification assigned to such registrant.” 50 U.S. C. App. § 460(b) (3), as amended, 81 Stat. 104 .”

   1 later decision quote this exact passage · from the majority
   e.g. 279 F. Supp. 74 - United States v. Lybrand