Johnson v. Kirkland’s Empirical Analysis
290 F.2d 440 · 1961
Citation profile
11 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 24 later decisions — most recently May 1982
11 federal appellate · 4 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 Wickard v. Filburn · Panama Refining Co. v. Ryan · Shaughnessy v. Pedreiro · Williams v. Fanning · Hynes v. Grimes Packing Co
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““These cases evolved the principle that the superior officer is an indispensable party if the decree granting the relief sought will require him to take action, either by exercising directly a power lodged in him or by having a subordinate exercise it for him.” (Emphasis added.) 332 U.S. 490 , 68 S.Ct. 189 .”
3 later decisions quote this exact passage · from the majority““This means that the problem (*of indispensability of a party) must be tested in terms of the result if, under the particular setting, the superior — not a party and hence under no coercive court order — sits tight and does absolutely nothing.” Johnson et al. v. Kirkland et al., 5 Cir., 290 F.2d 440 .”
2 later decisions quote this exact passage · from the majority“It is argued, however, that the Commissioner should be an indispensable party because a judgment against a District Director alone would not be final and binding in other immigration districts. But we need not decide the effect of such a judgment. We cannot assume that a decision on the merits in a court of appeals on a question of this kind, subject to review by this Court, would be lightly disregarded by the immigration authorities. Nor is it to be assumed that a second effort to have the same issue decided in a habeas corpus proceeding would do any serious harm to the Government. In habeas corpus proceedings district courts would have the duty to consider previous court decisions on the same matter. And even though in extraordinary circumstances new matters not previously adjudicated may arise in habeas corpus proceedings, this is no adequate reason for subjecting an alien to the great burden of having to go with his witnesses to the District of Columbia, which may be far distant from his home, in order to contest his deportation.”
1 later decision quote this exact passage · from the majoritye.g. Estrada v. Ahrens
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.